Re: Question regarding trademarks

Alan Clark <> Wed, 07 May 2014 15:19 UTC

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Date: Wed, 07 May 2014 11:19:06 -0400
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Subject: Re: Question regarding trademarks
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I've encountered this before in both ATIS and ITU.  The SDO would 
probably "have" to change the name to avoid a trademark, if the field of 
use of the SDO name and trademark overlapped.

Trademarks also have the delightful characteristic that some PTO's use a 
"first to file" rather than a "first to use" rule and hence someone 
could theoretically file a trademark application for a term that the SDO 
was already using and then force the SDO to change it.


On 5/6/14, 8:11 PM, Fred Baker (fred) wrote:
> I just fielded a call from a Cisco colleague, who is working in a different (open source) forum, and coming up against an issue relating to a trademark. Apparently some company has named something in a product of that forum, and is now wanting to assert trademark rights on the name.
> He asked me what the IETF's policy in such cases might be, knowing that there are discussions in the IETF that touch on trademarked intellectual property. I couldn't quickly put my finger on such a policy, although I did find a proposed policy in draft-ietf-ipr-trademarks. Thinking out loud, I suggested that the party with the trademark would likely need to disclose it, and if there was any question on the matter, the IETF might prefer to change the name of the standardized technology, as it did between NetFlow and IPFIX, if only to avoid confusion. But I'm not sure that's any more than how I might address the issue.
> Do we have a defined policy?
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