Python Trademark at Risk in Europe
The Python Software Foundation is at risk of losing their trademark in Europe to a UK company. They are asking for your help and support to fight this.
From the Python Software Foundation’s Blog:There is a company in the UK that is trying to trademark the use of the term “Python” for all software, services, servers… pretty much anything having to do with a computer. Specifically, it is the company that got a hold on the python.co.uk domain 13 years ago. At that time we weren’t looking a lot at trademark issues, and so we didn’t get that domain.
Link
I hate this stupid corporate shit. -_-
It’s not corporate shit, it’s lawyer shit. Just another peckerwood treating his law degree as a license to commit extortion. These people get away with this sort of thing by threatening to bankrupt their opponents with legal fees.
The good news is that England has a “loser pays” law, which means that they’re a lot more likely to back down if their victims show a little backbone. My guess is that unless they buy themselves a magistrate, they’re going to have a very difficult time proving that their case.
It seems the wrangle is over:
http://pyfound.blogspot.co.uk/2013/03/python-software-foundation-reaches.html
Why does every company pretends that when they give a name to a program, they immediately own the word? (also referring to Bethesda’s lawsuit against Mojang over the use of the word “Scrolls”.)
I don’t think that a person or company should be able to “own” a word. Just because I call my cat “Spots” doesn’t mean that everybody else has to find another name for their pet.
Of course it would be confusing if multiple programs have the same name, but real companies will try to distinguish themselves from others, choosing different names for their software/hardware.
On another note: the programming language itself is nearly 22 years old. If the company wanted the trademark, they should have tried that 20 years ago, not now.
Ignorance of law and what it’s true purpose is, has caused endless amounts of drawn out lawsuits over trademarks.
For example Scrolls should have been thrown right out, the game is called Elder Scrolls, not Scrolls, and the trademark should apply only to that or games trying to sound the same. Only the biggest idiots would possibly confuse Scrolls with Elder Scrolls.(working in a game store I can confidently say that most refer to the games in this series by the individual titles unless it’s unannounced or referring to the series as a whole)
This case is obviously different but equally stupid.
What we can do to help them?
Sorry “With what we can help them?”
Read the linked article:
http://pyfound.blogspot.ca/2013/02/python-trademark-at-risk-in-europe-we.html
…if they need a pitch fork and torches light – gimme a call.
otherwise make it public horror for this company !
During my time in the Us, California, since 1980s and later i have seen that type of practice by companies that tries to steal or plain grab a mark or a brand, logo etc.
Most of the time they don’t succeed but sometimes like for Microsoft, Sun, Java the conclusion ends up by the open source organisation is bought back by the companies that wants to take over. And we know the results with Java and Oracle..
In the case of Python it is evident that their existance is proven since more than 20 years and I hope that the EU will be rational in that matter and defends something that is of use to a very large community of programmers and users, including the ECC that uses python and open source software intensively.
I personally believe they have themselves to blame for this situation. Why didn’t they trademark the name in Europe when they had the chance? With trademarks it’s ‘first come, first serve.’
At best we can hope that the British company won’t enforce their trademark against the Python Foundation.
Olaf I not think your brian works.
I think it might be part of a bigger scam then python.co can be expected to deal with. Software that ‘plugs in’ to other software is very attractive to some characters
Simply having a domain does not give anyone the right to a trademark.
If one looks at the UK company’s terms and conditions, nowhere does it state the name or any reference to Python.
As PSF have used the name for such a long time, it is unlikely that anyone else would get their hands on the trademark. Besides, COPYRIGHT law could prove that PSF are in a safe position.
I would contact Nominet (the UK net domain governing body) and make a formal complaint about this company, and ask that the ownership be transferred to PSF as the UK company in question is acting with malice – they have never used the name directly, and could easily be seen as cyber-squatting.
I suggest we do nothing and watch and wait so that in one fell swoop, we completely destroy them with in ICC (International Criminal Court). Since they will be pumbled into the ground with lawyer fees endlessly and to the point where it’ll absolutely destroy them both publicly (let them gain recognition as being a complete and utter idiot within the media) and financially in lawyer fees.
Hear, hear!
Hopefully, it will come down to precedence: 20+ years versus 13.
Python is a generic term both in zoology and software engineering across the globe and it’s highly unlikely that they’ll succeed in their indevors most especially since companies have lost their trademarks to products in the past due to the fact that they became generalized.
A prime example is the word Cleenex. At one point, because of its wide spread general usage within the US, they had to change it to Kleenex.
^ Kleenex factoid is false
^Factoid on ‘Kleenex factoid’ being false is false.
FYI, I wouldn’t use Wikipedia as a definitive source of accurate information. I trust my grandmother more than some wiki-nut.
Regardless of the history of Kleenex, Python is a Generic Term and because of that, claims for certain IP rights WILL NOT hold up within the court of law. Unless this company is as big as Apple, they have no solid ground to stand upon.
It is not a generic term in the Software industry. If you mention or use the term Python to programmers or IT folks the will know that you are referring to a specific programming language.
Trademarks are not copyrights. First to use doesn’t give you the right to a trademark in some countries it has to be first to register/file.
Which puzzles me as to why the Python Foundation did make sure that ‘Python’ was trademarked? Python has been around for 22 years now.
I use Blender for work and hobby. It uses Python extensively. How can I help? I have nothing that was listed on that site.
Can we start a kind of petition with signatures or whatever? If the suing will be not good (in a perspective) for Python then we just can spam (by separate letters) this company with words that we’ll be “advertizing” their company as a thief and a scam source and possible unstable electronic devices (whatever they want to put into the market).
BTW can it be a PR show for public to spread the info about some new unknown company? Do history knows some “generous knight’s tales” about companies that suddenly decided to change their mind. The knight here can be that other company. I mean this.
Apparently the PR show didn’t work. According to the Guardian “Poultney said that the issue – publicised by the PSF on Thursday – had led to him receiving death threats and that the python.co.uk website was receiving 250 hits per minute.” http://www.guardian.co.uk/technology/2013/feb/15/python-trademark-bid
And the Guardian is not the only publication mentioning these threats.
https://www.google.nl/search?q=python.co.uk&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:nl:official&client=firefox-a
On the other hand: it could also be that they think that it’s better if people talk badly about them then not at all. Then it has worked.
The website seems to be offline currently.
I think that this sums up the popularity of python rather nicely.
http://en.wikipedia.org/wiki/Python_(programming_language)#Usage
Yes, contact Nominet and make a formal complaint about the company. Also, boycott and start an Internet “truth” campaign.
Use Nimrod programming language…problem solved.
using another programming language isn’t solving anything. The python community has to show that they can’t be taken lightly. This company is like a bully that tries to take a kid’s toys. Not because he wants to play with it, but to hurt the kid. Simply giving in and finding something else won’t solve the problem.
Well if it came to a legal battle maybe Google would be kind enough to put there hat in the ring since they did use python script as their origonal back bone. Heck they still give python classes.
I think with the issue here they need material from European based companies, and as far as I’m aware Google is, and always has been based in the US where, the trademark is solid and currently undisputed.
CERN uses Python and is European
Have some faith in the system. All the Python foundation need to do is monitor this and object when the company goes to the EU institution governing brands. That’s what every company does. I wouldn’t recommend any company trying to take over an older brand, it doesn’t work. Just get a lawyer specializing in IP to look at it.
Interesting article about this:
http://www.theregister.co.uk/2013/02/19/python_versus_veber_trademark/
It appears that PSF cannot claim exclusivity on the name as more than 200 other companies of different sizes and interests in the US now also own Python trademarks, from those making vehicle-tracking systems to musical instruments and stationery. Among them is ActiveState, which makes a business from selling support for its own packaged distro of Python called ActivePython.
PSF doesn’t have a clear field in Europe either. According to the European Trademarks and Designs Registration Office, 12 operations hold Python in their trademark.
Poultney claims he’s only interested in the trademark on the servers. “We are not interested in the trademark on the language,” Poultney told The Reg.
It’s about conflicting interests. Companies that produce completely different products can apply for the same name as a trademark.
E.g. One of those Pythons listed in the European Trademarks and Designs Registration Office produces welding torches, another one exhausts for motorcycles. I wouldn’t be surprised if the latter uses the products of the first to make their products.
But in this casebetween Our Holding and PSF there are conflicting interets. The list of goods that Our Holding filed says in the very first sentence: “Design and development of computer hardware and software;”
http://oami.europa.eu/CTMOnline/RequestManager/en_DetailCTM_NoReg
And that does overlap with the Python language.
ActiveState is not a good example. They openly say that their version of ActivePython is ” precompiled, supported, quality-assured Python distribution” http://www.activestate.com/activepython which is legit. Python is open source and as long as you comply to the open source license redistributiion and repackiging is allowed.
All of this as far as i know.
do u guyes know how hackers love pyton?????
if that company win the wrights of the “mark” they wi’ll not have peace
they will reign in blood… ))) green digital blood… flooding off their sites ))
no way that somebody can be that stupid)
oh, crap) sorry I meant some other word.. not reign.. English is not my native language
“they will outflow in their blood” )) something like this. Next time I’ll check before posting.
No problem, I’ve been trying to master English for 35 years now and still mess up regularly. :)
“Drown (or Bathe) in their own blood” is probably the most common sayings that seem to closely fit your words.
thanks ;)
http://ourholdings.com
Seems some of their other sites are still up and running, I wonder, for how long?
Well…if it´s just the name, why not just call it “pajtun” instead? ;)