Python Trademark At Risk In Europe: Python Software Foundation Appeals For Help

from the whoops,-that-was-careless dept

The open source programming language Python -- named after the British comedy series "Monty Python" -- became popular in the 1990s, along with two other languages beginning with "P": Perl and PHP. Later, they formed a crucial part of the famous "LAMP" stack -- the GNU/Linux operating system + Apache Web server + MySQL database + Python/Perl/PHP as scripting languages -- that underpinned many of the most successful startups from this time.

Today, Python is used by some of the biggest names in computing, including Google, so you might assume things like trademarks were sorted out years ago. But this posting by Van Lindberg, Chairman of the Python Software Foundation, reveals that's not the case everywhere:

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.
Given the rather unplanned way that free software projects have arisen and grown, it's perhaps not such a surprise that crucial domains and trademarks weren't always applied for in every jurisdiction -- after all, coders just want to code, and open source projects generally don't have any resources to pay someone to handle all the boring legal stuff. And so it often gets neglected, as here. Lindberg explains why that wasn't a problem until now:
This hasn't been an issue since then because the python.co.uk domain has, for most of its life, just forwarded its traffic on to the parent companies, veber.co.uk and pobox.co.uk. Unfortunately, Veber has decided that they want to start using the name "Python" for their server products.

We contacted the owners of python.co.uk repeatedly and tried to discuss the matter with them. They blew us off and responded by filing the community trademark application claiming the exclusive right to use "Python" for software, servers, and web services -- everywhere in Europe.
That would obviously represent a real problem for the Python language there. The Python Software Foundation is therefore opposing the community trademark application, and submitting its own. But to succeed, it needs evidence that it has been using the name for many years, and should therefore be granted the trademark. Here's what it would like:
According to our London counsel, some of the best pieces of evidence we can submit to the European trademark office are official letters from well-known companies "using PYTHON branded software in various member states of the EU" so that we can "obtain independent witness statements from them attesting to the trade origin significance of the PYTHON mark in connection with the software and related goods/services." We also need evidence of use throughout the EU.
The post goes on to list a variety of ways in which Python users, particularly those in Europe, can help bolster the Python Software Foundation's case and obtain the trademark in question. The good news is that communities based around free software like Python are likely to have a huge pool of people willing and able to help in these circumstances by providing evidence that throughout Europe, and for over two decades, "Python" has always meant the free software language. However, to avoid similar incidents, and similar mad rushes to gather the required evidence, it would probably be a good idea if other open source projects checked that they had registered all the obvious Web sites and trademarks.

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Reader Comments (rss)

(Flattened / Threaded)

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    Watchit (profile), Feb 18th, 2013 @ 2:32pm

    Wow trademark law is silly. "We have the domain name python.co.uk, therefore we own the trademark on EVERYTHING PYTHON!"

     

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    Mr. Smarta** (profile), Feb 18th, 2013 @ 2:58pm

    Some snakes in Florida called...

    That's alright. The company applying for the trademark is now sending people throughout the swamps in Florida looking for snakes to sue. Right now, there's a team of lawyers on swamp boats out looking for the long slithering creatures in which to serve. But the snakes aren't taking this lying down (pun intended). They're hiding out. When they see a boat, they bolt and hide so they can't be served. So "HA HA!" to the lawyers and the UK company.

     

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    johnny canada, Feb 18th, 2013 @ 3:44pm

    Well they can just change their name
    .
    .
    .
    .
    .

    To Monster Python

     

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    Anonymous Coward, Feb 18th, 2013 @ 4:31pm

    Keep Calm and Pyth-On

     

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    Anonymous Coward, Feb 18th, 2013 @ 4:36pm

    it would probably be a good idea if other open source projects checked that they had registered all the obvious Web sites and trademarks.


    Maybe the problem does not lie in free software communities not bothering doing boring legal stuff like registering trademarks, but in registration offices not bothering doing proper investigations and trademark laws being too stupid to take that into account.

     

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      That One Guy (profile), Feb 18th, 2013 @ 5:47pm

      Re:

      But that would require them to actually do work, instead of just rubber-stamping everything that comes up and letting other people's lawyers settle any problems that pop up later. /s

       

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    Tonya Lesmurdie Harding, Feb 18th, 2013 @ 5:43pm

    Follow the money

    If you follow the money trail of who is actually funding this troll you will probably find one of MS$ proxy anonymous operations funding this attack on open source. Its always them and their anti people rhetoric. No wonder everybody hates them.

     

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    Doug Robb, Feb 18th, 2013 @ 6:16pm

    I don't see anything at risk at all. Anyone can apply for a trade mark the issue is will they get it?

    Having a domain name has nothing to do with the TM application. Given the proir existance of the language etc I would think they have no chance of getting it. Makes me wonder what sort of legal advice they are getting ....

     

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    Anonymous Coward, Feb 18th, 2013 @ 7:22pm

    If I understand correctly trademarking stuff is pretty much irrelevant?

    If you use a name for some time in a certain field and someone comes along later... How can that party get a trademark at all?

    Also in this case what? EVERYONE knows Python is a programming language! Just ignore it and move on, they can't (theoretically) trademark it anyway?

     

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    geego, Feb 19th, 2013 @ 3:20am

    Reverse engineering

    I will reverse the question.if this company takes the copyrights ,how will they secure their product ,taking into account it is all open on the net.they willl start actions against millons of users?like the music corporations?they will try to scare us?oh well i d like to see the trying and still manage to keep the servers running.))

     

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    Anonymous Coward, Feb 19th, 2013 @ 6:00am

    it would probably be a good idea if other open source projects checked that they had registered all the obvious Web sites and trademarks



    For most open source projects, that's putting the cart before the horse. A successful open source project needs to worry about code first and community second. Legal mumbo-jumbo (beyond "What license do I release under?") isn't really worth worrying about until you actually have a project that has some adoption and a community supporting it. What's more, the open source community in general seems to take a rather dim view of projects that worry about legal matters too soon.

     

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    Ninja (profile), Feb 19th, 2013 @ 6:05am

    Oh puh-lease.. They put their fingers into a wasp nest. Expect a huge backlash from the intertubes ;)

    I'd avoid doing any kind of business with those morons. This is clearly an unneeded move trying to ride the popularity of Python. Seriously, rotten people.

     

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