[lug] Visio for Linux? Was: stupid MSDN Q

[John Hernandez]

"S. Luke Jones" wrote:
> 
> John Hernandez wrote:
> > These Linux companies and developers really need to get a clue
> > about names and trademark law.  There was a BLUG thread recently
> > about how Killustrator was forced to change its name.  Yet again
> > and again we see examples like Koffice (an MS Office clone),
> > Kivio (a Visio clone), etc, etc.  It's a headache very easily
> > avoided, IMHO.
> 
> YANAL, I presume, or you wouldn't offer your HO. And, if you're not a
> lawyer, then your O isn't worth much more than mine, H or not.
> 

IANAL.  Network Engineer.

> Take the case of Killustrator. Note that the lawsuit was brought in Germany,
> where the law allows random disinterested parties to bring suit. This
> confirms ESR's dictum about all bugs being shallow given enough eyeballs,
> only s/bug/copyright infringement/. But it also k-illustrates how different
> copyright and trademark law is from jurisdiction to jurisdiction. How much
> work should I, the sole developer or project leader for K-something or
> G-something else, go to, to be certain I haven't violated trademark laws
> of Lower Elbonia. It might be a headache, but I*M*HO it's far from easily
> avoided.
>

Most developed countries have laws that protect trademarks in a very similar fashion to US laws.  If you market a soda product, say, "Papsi Cola", you're bound to get in trouble somewhere.  That's my only point here -- it's common sense.  As for Lower Elbonia, if the market is potentially lucrative enough, it's probably worth doing a little homework before going after it.  But otherwise, there's no need to even spend a second worrying about Lower Elbonian trademark law.
 
> As for Kivio... I cringe at the thought that having a V in your name, or
> ending in IO, constitutes an infringement. Poor Ontario.  Ditto Scorpio,
> Antonio, Horatio, and Emilio. Where have you gone, Joe DiMaggio? Me and
> Julio, down by the schoolyard. (Danger Paul Simon: lawyer approaching:
> your audio portfolio's been stricken with polio!) Play an adagio replete
> with arpegios. It's on the radio, four dead in Ohio. Eat a pistachio on
> the patio. Double the ratio.  No fellatio for the Lothario: bad scenario.
> 

That's a funny rant, but it's a flawed analogy, so please don't cringe.  Scorpio, Antonio, and Horatio don't have anything to do with flow charting software and are probably safe from trademark violations (with respect to Visio, anyhow).  The problem, as I understand it, is the potential to confuse consumers with a very similar product name.  It's not hard; resist the urge to swap a letter or two or make a clever rhyme, and instead pick a new, unique and imaginative name.


> --
> Luke Jones = luke/vortex/frii/fullstop/com
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