Trademarks and Open Source
summary
Explains why project names need trademark strategy not just licensing: trademark law differs from copyright, patent and trade secret, registrations give a presumption of rights, and platforms often require a registration to act (Twitter needs it). Notes USPTO filings spike 63 percent and U.S. registration costs run about $3–4k plus $275–$325 per class. Advises choosing a protectable name via the spectrum of distinctiveness, clearing domains and social handles, and formalizing ownership and governance to avoid losing goodwill.
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chapters (22)
- 0:00Start
- 2:52What Is a Trademark
- 3:31Alternative Trademarks
- 8:47Compare Trademark Right to a Patent
- 9:36How Do You Know if Something Is Is Covered by a Patent
- 10:19Copyright
- 11:18Copyrights Protect Expression
- 12:10Software Is Protected by Copyright
- 12:47How Do You Know Something Is Copyrighted
- 15:10Domain Name Registrations
- 16:04Trade Names
- 19:40Open Source Licenses
- 21:05Eclipse License
- 24:01The Standard for Trademark Infringement
- 27:08Trademark Registration
- 37:17Netflix
- 38:06Arbitrary and Fanciful Marks
- 40:39Clearance Research
- 41:15Global Brand Database
- 48:13How Trademarks Fit into the Overall Governance Conversation
- 51:37What Is the Typical Cost To Get a Rent Trade
- 52:58Trademark Rights Are Jurisdiction Specific
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