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RE: [technology-pmc] Namespace for Sapphire

Thanks, Mike. That clarifies. 

You haven't stated this, but I assume that at some point in the trademark
review that will get started shortly, the legal team will ping Oracle with
trademark assignment agreement to sign...

- Konstantin

-----Original Message-----
From: technology-pmc-bounces@xxxxxxxxxxx
[mailto:technology-pmc-bounces@xxxxxxxxxxx] On Behalf Of Mike Milinkovich
Sent: Tuesday, July 06, 2010 1:22 PM
To: 'Technology PMC'; 'Gunnar Wagenknecht'
Cc: license@xxxxxxxxxxx
Subject: RE: [technology-pmc] Namespace for Sapphire


Even if Sapphire is not a registered trademark, if it has been used as a
name, it is a trade mark. (You've probably noticed over the years that some
people use (tm) and some use (r). That's why.)

As part of transferring the project to Eclipse, Oracle will have to sign our
standard trademark assignment agreement. From that moment on, any common law
trademark rights in the "Sapphire" name will belong to the Eclipse
Foundation, not Oracle.

The trademark review for a new project happens after the proposal has been
made public, but before the Creation Review. You don't have to request's all part of the awesome service delivered by the staff of the
Eclipse Foundation ;-) I've checked with the team and they will be running
Sapphire through said process shortly.

Is there anything else I can help you with?

Mike Milinkovich
Office: +1.613.224.9461 x228
Mobile: +1.613.220.3223

> -----Original Message-----
> From: technology-pmc-bounces@xxxxxxxxxxx [mailto:technology-pmc-
> bounces@xxxxxxxxxxx] On Behalf Of Konstantin Komissarchik
> Sent: July-06-10 4:00 PM
> To: 'Gunnar Wagenknecht'
> Cc: 'Technology PMC'; license@xxxxxxxxxxx
> Subject: RE: [technology-pmc] Namespace for Sapphire
> I saw that paragraph, but doesn't really answer my questions. Oracle holds
> no registered trademark on Sapphire. Based on my limited understanding of
> the law, there is an "implicit" trademark, but those don't get formally
> transferred. If the Eclipse legal team is supposed to do a trademark
> to make sure the name is for use, how does one request this to happen?
> Not sure what alias I am supposed to use to send questions like this to
> Eclipse legal team. Let's try license _at_
> - Konstantin
> -----Original Message-----
> From: Gunnar Wagenknecht [mailto:gunnar@xxxxxxxxxxxxxxx]
> Sent: Tuesday, July 06, 2010 12:38 PM
> To: Konstantin Komissarchik
> Cc: Technology PMC
> Subject: Re: [technology-pmc] Namespace for Sapphire
> Hi Konstantin,
> Am 06.07.2010 21:27, schrieb Konstantin Komissarchik:
> > I am not 100% clear on the process for approving project names and
> > namespaces. Is there a legal process that we go through to make sure
> > that a particular name is ok for project to use?
> You need a trademark review from the legal team and as part of this you
> need to transfer any rights on the name to the Eclipse Foundation.
> 9
> _Assigning_Project_Name_Trademark_to_the_Foundation
> -Gunnar
> --
> Gunnar Wagenknecht
> gunnar@xxxxxxxxxxxxxxx
> _______________________________________________
> technology-pmc mailing list
> technology-pmc@xxxxxxxxxxx

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