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Eric Tucker wrote:
<blockquote
cite="mid:20884877.1513401250117271090.JavaMail.root@zim1.mxtoolbox.com"
type="cite">
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<div
style="font-family: Times New Roman; font-size: 12pt; color: rgb(0, 0, 0);">Because
the term Drupal is still known primarily to those who own or operate
web sites, it does not reach into "common use" vocabulary?<br>
<br>
If the term does not reach into the wider public, is it at less risk?<br>
</div>
</blockquote>
To be clear, I believe the term Drupal is currently at no risk of
losing its trademark protection due to being genericized or abandoned.
If it were to be considered a "famous" mark, i.e., one that is widely
known by the general public, it would actually receive some additional
protections, however the burden of policing it would also increase.<br>
<blockquote
cite="mid:20884877.1513401250117271090.JavaMail.root@zim1.mxtoolbox.com"
type="cite">
<div
style="font-family: Times New Roman; font-size: 12pt; color: rgb(0, 0, 0);">At
least in America, since it's outside in the domain of what Drupal is
used for ... seems less likely this would cause problems? Since one
can in principle trademark a certain term in a certain domain whether
or not it is used in another as long as not in the same domain, if the
term is in a different domain but does not meet the standards of
"common use" is the trademark not still valid?<br>
</div>
</blockquote>
Multiple trademarks can exist for a single term, provided that there's
little or no chance of consumer confusion between them. If someone
were to apply for a trademark for "Drupal" as it relates to the
manufacturing and sales of kitchen sinks, for example, one of the
questions that would come up is whether or not granting that trademark
could cause consumer confusion and/or diminish the strength of the
Drupal mark as it applies to Web content management software.<br>
<br>
<pre class="moz-signature" cols="72">--
George D. DeMet
Palantir.net
2211 North Elston Suite 202
Chicago IL 60614
p 773.645.4100 x306
f 773.645.4105 </pre>
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