Using a copyrighted name as part of another name

[mikeologist]

First post so please help if I make mistakes in forum practice.

I live in Washington DC.

I've developed a piece of software that produces Java code, and I'm attempting a rough draft of the copyright.

It does not use any java software, it's written in C++, and I've never referenced any JVM or JDK source code.

I want to give it an acronym for a name.

I want Java to be one of the words of said acronym.

While not an acronym, I consider every media source with the word Java as part of it's name as my first example.

Is my example apt?

Any other advice?
inB4 don't take on Oracle

 

[adjusterjack]

Two easy options:

Contact Oracle for consent or a license.

Don't use the name Java in your software title.

Anything other than those two options can get you sued no matter what any of us think or what anybody else is doing.

 

[mikeologist]

Don't use the name Java in your software title.

Is it because it's a software title that I can't do this, even though media like Java World can?

 

[quincy]

First post so please help if I make mistakes in forum practice.

I live in Washington DC.

I've developed a piece of software that produces Java code, and I'm attempting a rough draft of the copyright.

It does not use any java software, it's written in C++, and I've never referenced any JVM or JDK source code.

I want to give it an acronym for a name.

I want Java to be one of the words of said acronym.

While not an acronym, I consider every media source with the word Java as part of it's name as my first example.

Is my example apt?

Any other advice?
inB4 don't take on Oracle

I am not entirely sure what you are asking. You have written a piece of software that produces Java code so you want to use the word Java to describe your software?

Your concern appears to be less a copyright one than a trademark one. Java is a registered trademark.

That said, the Trademark Trial and Appeals Board has determined that certain words are generic names for programming language while certain other words (like Lua) refer instead to a proprietary language. The TTAB has allowed registration of trademarks when another trademark has been used to describe software, if the computer program relates in some way to the computer language. For example, there are several trademarks that are registered using Java, C++, XML, Pascal ... and these are used without conflict.

Could you please clarify for me what it is, exactly, that you are looking to do? You can copyright your software without using the Java trademark.

 

[mikeologist]

You have written a piece of software that produces Java code so you want to use the word Java to describe your software?

Yes, I would like to use Java in both the title and description.

Your concern appears to be less a copyright one than a trademark one. Java is a registered trademark.

I see, I am new to all of this and this is my first title that I'm attempting to publish. Good to know the difference between copyright and trademark.

That said, the Trademark Trial and Appeals Board has determined that certain words are generic names for programming language while certain other words (like Lua) refer instead to a proprietary language. The TTAB has allowed registration of trademarks when another trademark has been used to describe software, if the computer program relates in some way to the computer language. For example, there are several trademarks that are registered using Java, C++, XML, Pascal ... and these are used without conflict.

That is what I figured was the case, based on observation only.
Any advise on how I can view a specific case where this held up? (specifically with Java, if possible)

Could you please clarify for me what it is, exactly, that you are looking to do? You can copyright your software without using the Java trademark.

I am trying to copyright my software as its goals and methodology are unique, as far as I've been able to find.
In addition, I will need to trademark the name as well, from what I infer.

Thank you for your time

 

[quincy]

Yes, I would like to use Java in both the title and description.

I see, I am new to all of this and this is my first title that I'm attempting to publish. Good to know the difference between copyright and trademark.

That is what I figured was the case, based on observation only.
Any advise on how I can view a specific case where this held up? (specifically with Java, if possible)

I am trying to copyright my software as its goals and methodology are unique, as far as I've been able to find.
In addition, I will need to trademark the name as well, from what I infer.

Thank you for your time

Well, if you want to review a complicated case over copyrights in source code, and fair use, following is a link to the US Court of Appeals, Federal Circuit Court Opinion in Oracle America, Inc. v. Google, Inc, 750 F.3d 1339 (a petition for writ of certiori to the US Supreme Court was denied):

http://scholar.google.com/scholar_case?case=15197092051369647665&q=Oracle=v.+Google&hl=en&s_sdt=2006

It didn't end with a finding by the Court that Oracle was entitled to copyright protection, though. In a subsequent trial court decision, Google's use of Oracle's copyrighted material was determined to be a fair use. And the case continues from there.

Just as there have been no easy answers for Oracle or Google, there are no easy answers for you here.

Again, it appears to me that you have a trademark concern and not a copyright concern. I can perhaps link to a TTAB case for you to review later. Trademarks do not have to be registered in the US, as a note, but there can be advantages in doing so.

With all of that said, if you are unsure whether your software is original and creative enough to qualify for copyright protection, and you have questions about using the word "Java" in the name chosen to identify your software, you would be smart to speak to an IP attorney in your area for a personal review. You can be assured confidentiality in disclosing your software to the attorney.