On Thu, 9 Aug 2007, David Lyon wrote:
> Marc Weustink wrote:
> > > Say a fellow, let's call him Hans, has a clever moment one day and adds a
> > > motor to a push-bike... brilliant...
> >
> > Aren't we mixing patents and trademarks here ?
> It's only theoritical. I'm just talking about trademarks.
> > What Hans has been doing is making something and giving it away to the
> > public using somebody elses trademark.
> >
> > it is clear to me that your not allowed to use and existing brandname in the
> > same class) to label your products.
> right.
> > > The Trademark owner spends 70 euros and gets an order from the local court
> > > to shut Hans down.
> > >
> > > But it gets worse. They do some dodgy numbers and try to run it by the
> > > judge.
> >
> > This still has te be proven, and here in the Netherlands, I won't feat that.
> > However I realize now that the trial can be held at anyplace in the world
> > where the name is trademarked.
> Of course, people in the Netherlands are "good" people right.. :-)
He meant that he can no longer "hide" behind Dutch law for protection,
but that he can be sued in any country according to the local law of
that country if the product is trademarked there.
(just to be sure everyone understands it correctly ;))
> >
> > yes, but who will be the legal entity owning the trademark ?
> The foundation would own the trademark.
> > It isn't that simple.
> Can't see why not... a foundation is a legal entity and therefore a logical
> candidate to be the owner of any trademarks.
It can, this is for sure.
The question was whether this is desirable. Maybe Florian Klaempfl
would object against some organization owning a trademark on, say,
"Free Pascal".
(I give just a theoretical example close to the issue at hand,
I don't have a clue as to what he wants/does not want :-))
>
> If you look at the firebird foundation, I'm pretty sure you will find that
> they will own the tFirebird trademark that they proudly display (but sorry I
> haven't checked it).
It does, I have checked that when I looked for their charter.
Michael.
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