[OSM-talk] OpenStreetView name change

Simon Poole simon at poole.ch
Tue Nov 8 21:54:49 UTC 2016


Am 08.11.2016 um 19:51 schrieb Glenn Plas:
> ..
> View is quite a common word. Imagine apple claiming the rights on
> anything that starts with I- : I-crap, I-whatever, I-rail, I-eat (there
> are thousands of those). They wouldn't exist either without Apple.
Apple is naturally the text book example that you can use a commonly
used word as a trademark, it just needs to be not descriptive. So it is
completely OK to use Apple as a mark for computers, but not for fruit.

>
> They seem to have no problem with OpenStreetMap vs. Google StreetMap
> right?  Because they know they would loose this in court.  It's just FUD
> tactics.
Google doesn't have a product called "Google StreetMap" that I know of,
the rest is just speculation.

> I've went against Google in 2008 on a map dispute and won , didn't have
> to pay 50K per year for 3 years because of it(prob. peanuts for them but
> they went after us anyway).   Didn't cost me nothing btw. well worth it.
>
> They thought they could force American rules on a Belgian company, they
> might have plenty of lawyers, doesn't really help as only 1 can talk at
> the same time and when they are ignorant they loose.
A reference would be nice to see if it had anything to do with the
incident at hand. But on one hand TeleNav is located in the states and
on the other hand winning something in Belgium is really only relevant
if Belgium is your only market.
 
>
> in our EU law system you cannot claim ownership over common words like
> that.  It's not because you're big and bold that you can get away with
> bullying.
As explained above naturally you can, and if you can show that your mark
is well established (see notorious, and similar concepts, trademarks)
you might even get around some of the normal restrictions (a good
example is the OpenStreetMap trademark).
>
> So, why not use OpenStreetMapView ? It's just an extra word behind an
> existing brand, almost as old as Giggle maps.
> .
See my previous mail on that.

Simon


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