Is the word "Python" copyrighted/trademarked?

[David LeBlanc]

> -----Original Message-----
> From: python-list-admin at python.org
> [mailto:python-list-admin at python.org]On Behalf Of Michael Stenner
> Sent: Tuesday, October 01, 2002 19:47
> To: python-list at python.org
> Subject: Re: Is the word "Python" copyrighted/trademarked?
>
>
> On Wed, Oct 02, 2002 at 02:10:19AM +0000, djw wrote:
> > <snip>
> > >
> > > For example, "Windows" is trademarked by Microsoft.  That is in more
> > > common usage than "python" and also refers to a common object.
> > >
> > > 					-Michael
> > >
> > > (Actually, windows isn't a great example because "window" IS common
> > > also in the "close that popup window" sense.  Just ignore that here.
> > > The "there's a draft" sense is not problematic.)
> >
> > I thought that MS just lost a court case against Lindows over
> the use of
> > their trademarked term "Windows".
>
> Yes, that's why in included this postscript.
>
> > The judge basically said you cannot (TM) a word that is in such
> > common usage and merely describes its main feature.
>
> That's correct.  My point was that it's not because "window" is a
> common word for "hole in the wall" that caused MS trouble.  It the
> common usage as "a chunk of screen real estate devoted to a software
> application" that got them into trouble.
>
> > A bit like Ford trademarking "car", I suppose. Wouldn't this
> > apply to "Python" as well?
>
> I agree with the first part.  Ford couldn't trademark "car" because
> the word is used commonly and generally _in_their_market_.  This is
> not true with python.  I'd be willing to bet that Ford _has_
> trademarked "Mustang", for example.  The fact that it commonly refers
> to an animal is not a problem.  If they tried to trademark "muscle
> car" (as in "buy the new 2003 Ford Muscle Car"), they might have more
> trouble.
> 					-Michael
> --
>   Michael Stenner                       Office Phone: 919-660-2513
>   Duke University, Dept. of Physics       mstenner at phy.duke.edu
>   Box 90305, Durham N.C. 27708-0305
>
> --

The counter argument could be made that since Python has been used so many
times in referece to the language without a trademark assertion ("(TM)" or
"(R)" since it's actually registered), that it's no longer defensible. Beyer
lost "Asperin" that way and Milton-Bradley lost "Monopoly" (essentially, the
whole game). Xerox has taken pains to avoid having "xerox" become a common
term for 'xerograpic reproduction' their preferred term.

Dave LeBlanc
Seattle, WA USA