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PHP trademarked?

I'm about to come out in a few months with a new company and a new
product that is PHP-based. I'm working on a user guide and programming
guide that comes out with it. At the bottom on the first page, I want
it to say:

<snip>
All terms mentioned in this book that are known to be trademarks or
service marks have been appropriately italicized, with the exception
of ProductX and CompanyX. CompanyX cannot attest to the accuracy of
this information. Use of a term in this book should not be regarded as
affecting the validity of any trademark or service mark.

ProductX and CompanyX are registered trademarks of CompanyX, LLC.

Red Hat and Red Hat Linux are registered trademarks of Red Hat, Inc.

SUSE is a registered trademark of SUSE and Novell, Inc.

Microsoft, Microsoft Windows, and Active Directory are registered
trademarks held by Microsoft Corporation.

MySQL is a registered trademark of MySQL AB.

Linux is a registered trademark of Linus Torvalds.

PostgreSQL, pgSQL, and PostgreSQL.org are marks held by
PostgreSQL.org.

PHP is a mark held by PHP.net.

Mozilla and Mozilla.org are marks held by Mozilla.org.

Apache and Apache.org are marks held by Apache Software Foundation.
</snip>

Of course, ProductX is just a variable where I snap in my product name
when I go live. The same with CompanyX.

Do you feel I have this stated properly or would you change something?
Please back up what you say with a link on the web.

I want to go out of my way, as cheaply as possible, to prove I have
researched these marks before I put them in my manuals.

I have researched trademarks at USPTO.Gov for the marks held in the
United States, but perhaps my research isn't correct.

Also, for marks not listed at USPTO.Gov, should I state this as "are
trademarks" rather than "are marks" because I cannot say "are
registered trademarks"?
Jul 17 '05 #1
4 3194
go********@hotp op.com (Google Mike) wrote in message
news:<25******* *************** ***@posting.goo gle.com>...

I'm about to come out in a few months with a new company and a new
product that is PHP-based. I'm working on a user guide and programming
guide that comes out with it. At the bottom on the first page, I want
it to say:

<snip>

Do you feel I have this stated properly or would you change something?


This is the wrong place to ask this kind of question. Those things
should be evaluated by a competent (and properly insured) attorney,
whom you can later sue for malpractice if someone takes you to court
for copyright/trademark infringement.

Cheers,
NC
Jul 17 '05 #2
Nikolai Chuvakhin wrote:
go********@hotp op.com (Google Mike) wrote in message
news:<25******* *************** ***@posting.goo gle.com>...
I'm about to come out in a few months with a new company and a new
product that is PHP-based. I'm working on a user guide and programming
guide that comes out with it. At the bottom on the first page, I want
it to say:

<snip>

Do you feel I have this stated properly or would you change something?

This is the wrong place to ask this kind of question. Those things
should be evaluated by a competent (and properly insured) attorney,
whom you can later sue for malpractice if someone takes you to court
for copyright/trademark infringement.

Cheers,
NC


Absolutely, but the PHP people don't seem to be the lawsuit type. The
license is fairly loose and asks only for you not to pretend that your
product is endorsed or made by The PHP Group.

I think this blah blah is a trademark of foo bar is silly, anyway.
There should be no reason for anyone to think the referenced product is
yours without the indication of such. And if visitors want company
information, then they should visit the website. This seems to be a
workaround for non-hypertext media needlessly adapted to the web (where
hyperlinking is available).

Jul 17 '05 #3
Wrong place to ask, but I will say, a trademark is a trademark
regardless if its registerd

there is no ill will mentioning a trademark that is not registered
http://gzen.myhq.info -- free online php tools
Jul 17 '05 #4
Regarding this well-known quote, often attributed to Keith Bowes's famous
"Thu, 25 Dec 2003 01:24:26 -0500" speech:
Nikolai Chuvakhin wrote:
go********@hotp op.com (Google Mike) wrote in message
news:<25******* *************** ***@posting.goo gle.com>...
I'm about to come out in a few months with a new company and a new
product that is PHP-based. I'm working on a user guide and programming
guide that comes out with it. At the bottom on the first page, I want
it to say:

<snip>

Do you feel I have this stated properly or would you change something?

This is the wrong place to ask this kind of question. Those things
should be evaluated by a competent (and properly insured) attorney,
whom you can later sue for malpractice if someone takes you to court
for copyright/trademark infringement.

Cheers,
NC


Absolutely, but the PHP people don't seem to be the lawsuit type. The
license is fairly loose and asks only for you not to pretend that your
product is endorsed or made by The PHP Group.

I think this blah blah is a trademark of foo bar is silly, anyway.
There should be no reason for anyone to think the referenced product is
yours without the indication of such. And if visitors want company
information, then they should visit the website. This seems to be a
workaround for non-hypertext media needlessly adapted to the web (where
hyperlinking is available).


You could just send this question to someone at PHP.net.

--
-- Rudy Fleminger
-- sp@mmers.and.ev il.ones.will.bo w-down-to.us
(put "Hey!" in the Subject line for priority processing!)
-- http://www.pixelsaredead.com
Jul 17 '05 #5

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