trademark - ReadWriteWeb http://www.readwriteweb.com/feeds/tag/trademark en Copyright 2009 Richard MacManus readwriteweb@gmail.com Mon, 23 Nov 2009 21:00:47 -0800 http://www.sixapart.com/movabletype/?v=4.23-en http://blogs.law.harvard.edu/tech/rss Adobe Gets Sensitive About "AIR" Trademark Two months ago we reviewed a neat Adobe AIR app directory called FreshAirapps. FreshAIRapps looked to be the premier destination for debuting Adobe AIR applications. Two months later and the creator, James Whittaker, is under fire by the very company he's freely promoted.

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As of this posting, if you head to the FreshAirapps site you'll see a note from James Whittaker noting that Whittaker's usage of the word "AIR" in his domain name poses a problem with Adobe. No matter how obscure this may seem, rules are rules and Adobe explicitly states the following in its list of trademarks:

"Adobe® AIR™" is a trademark of Adobe that may not be used by others except under a written license from Adobe. You may not incorporate the Adobe AIR trademark, or any other Adobe trademark, in whole or in part, in the title of your Developer Application or in your company name, domain name or the name of a service related to Adobe AIR."

Is Adobe Just Being a Bully?

Is Adobe jealous of the publicity and potential that FreshAIRapps has compared to its own directory for AIR apps? It shouldn't be. If you were to do a search on Google for "adobe AIR apps", FreshAIRapps isn't even on the first page. On the other hand, there are several reasons why I'd visit FreshAIRapps over Adobe's AIR showcase. For one, I like FreshAIRapps site design better. It's cleaner and more refreshing for me. Two, there are reviews from both a technical and user perspective about each app. This keeps me from having to download apps just to find out whether or not they'd be worth my time.

Whittaker ends the note with his reasons for starting FreshAIRapps in the first place, while expressing his disappointment in Adobe:

I have been in communication with members of the Adobe evangelist team who truly believe that I am helping the community and promoting the use of the AIR runtime and subsequent applications built on the platform. I started this site because I have a genuine interest in AIR and other Adobe technologies.

I feel that Adobe has let me and the community down by trying to block sites that appear to challenge their marketplace, even though none of the apps featured on this site are hosted by me.

Is Adobe in the Wrong?

In the end, FreshAIRapps is free publicity for Adobe and they're going after the wrong guy. This isn't the first incident where big companies hit the supporters of their products with take-down notices or anything similar. In this case, FreshAIRapps doesn't even host the applications. Whittaker simply reviewed and promoted the apps, something numerous sites already do. Yet, Adobe blames the problem on the "AIR" trademark that's registered in the domain name. This all seems ridiculous at the end of the day. With a new domain name and a sour after-taste, is Adobe in the wrong here?

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http://www.readwriteweb.com/archives/adobe_gets_sensitive_about_air_trademark.php http://www.readwriteweb.com/archives/adobe_gets_sensitive_about_air_trademark.php Adobe Sun, 06 Jul 2008 09:44:45 -0800 Corvida
Red Hat Sends C&D to DataPortability.org...Over Its Logo infinitypretzel.jpgOpen source giant Red Hat sent a Cease and Desist letter to the DataPortability.org group today, the group says, demanding the removal of the DP logo from the group's website.

Red Hat alleges that the infinity sign on the blue suitcase of DataPortability.org and the green and white infinity sign at the top of the site are "identical to the Fedora Infinity design logo owned by Red Hat."

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]]> Since when can anyone own the symbol for infinity? Below are the logos in question, judge for yourself. At a time when scores of other, more conservative companies are joining the Data Portability Group, and on a day when Microsoft is committing to new levels of openness (which Red Hat, incidentally, received with "a healthy dose of skepticism") - doesn't a threat from Red Hat to sue seem a little strange?

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Believe it or not, the above are not the logo for Red Hat's Fedora product, the following is.

Fedoralogo.png

Ok, so if those look alike it's because they all use the symbol for infinity. Red Hat isn't going to claim to own the symbol for infinity, is it? A request for comment hasn't been responded to yet, we'll see if the company has anything more to say. Meanwhile, a discussion concerning how to respond has begun on the DataPortability.org mailing list.

Outlaw pretzel image above used by, apparently illegitimate, CC license from Flickr user Oskay.

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http://www.readwriteweb.com/archives/red_hat_sends_cd_to_dataportab.php http://www.readwriteweb.com/archives/red_hat_sends_cd_to_dataportab.php News Thu, 21 Feb 2008 17:00:50 -0800 Marshall Kirkpatrick