What is the name of your state? AZ
Consider the following theoretical situation:
- A new company CompanyA is formed
- CompanyA forks and redistributes several pieces of free and open-source software (also for free and through open-source distribution channels), marketing them with the CompanyA mark
- CompanyA files for protection of the CompanyA mark with declared goods under class 9 descriptive of the purposes for which the redistributed free and open-source software is likely be used
If CompanyA files under basis 1(a) after making this software available (and presumably after it had been downloaded across state lines), is this a scenario which would be considered valid under current trademark law?
For the purposes of this scenario, assume that the copyright licenses associated with all of the original free and open-source software are permissive of redistribution. Also assume that CompanyA makes few to no changes to the original free and open-source software other than for branding and/or marketing purposes.
Consider the following theoretical situation:
- A new company CompanyA is formed
- CompanyA forks and redistributes several pieces of free and open-source software (also for free and through open-source distribution channels), marketing them with the CompanyA mark
- CompanyA files for protection of the CompanyA mark with declared goods under class 9 descriptive of the purposes for which the redistributed free and open-source software is likely be used
If CompanyA files under basis 1(a) after making this software available (and presumably after it had been downloaded across state lines), is this a scenario which would be considered valid under current trademark law?
For the purposes of this scenario, assume that the copyright licenses associated with all of the original free and open-source software are permissive of redistribution. Also assume that CompanyA makes few to no changes to the original free and open-source software other than for branding and/or marketing purposes.