Re: Not that Tom Kyte has a patent on the name asktom, but...

From: joel garry <joel-garry_at_home.com>
Date: Tue, 10 Aug 2010 11:54:25 -0700 (PDT)
Message-ID: <8f820ed6-bdbd-4798-8df5-92b1e19038f1_at_o7g2000prg.googlegroups.com>



On Aug 10, 8:28 am, Serge Rielau <srie..._at_ca.ibm.com> wrote:
> On 8/10/2010 10:55 PM, John Hurley wrote:> Steve:
>
> > # ...does this strike anyone else as cheesy as it does me? ...
> >http://www.asktom.cz/
>
> Actually this wouldn't be a patent case, but one of trademark.
> If Oracle was any smart they (or Tom Kyte) have trad emarked "sktom".
> Given that this website is clearly a rip it would be a slam dunk
> legally. (unlike the "Apple" TM issue which was about music vs IT IIRC)
>
> Cheers
> Serge
> --
> Serge Rielau
> SQL Architect DB2 for LUW
> IBM Toronto Lab

Trademarks need to be registered. Domain name disputes are completely different see http://www.icann.org/en/udrp/udrp.htm . No results from a search of uspto.gov on the string asktom.

The guy's name is tom, if people in .cz confuse the toms, there still would be an international jurisdictional issue which would probably be in .cz's favor, since asktom isn't a business entity as far as I know, and there's an obvious argument that it's a legitimate use. And there is a specific link to the real asktom on the page, it's not like he's trying to hide anything or scam anyone, at least from the little glance I took. And his home page does say kompletní služby :-) (which doesn't work in google translate, so I don't know what it means - "complete service"? - but it sounds funny)

This is a far cry from the a-holes in various countries that rip content from everywhere and present it as their own.

I have no idea of the ownership issues or agreements between Tom and Oracle, but I suspect the domain name does have value and a lawyer would have advised them to trademark it long ago. I suspect Oracle would have ownership, since it is something under their domain and directly relevant to Tom's job, and I suspect the issues have been worked out as they must have been with the books. On the other hand, when I suggested on his blog he delegate some of the information dispersal (as he seems to have happily delegated the administration), he didn't seem to think that was a relevant idea. It seems important to him that people know it is really him reading and answering all there. He's right, of course, watching the rise and fall of more communal efforts (including here) is a bit distressing to me, it seems an impossible task to do something as quality as an asktom as a communal effort, despite what all social networking advocates and open source advocates say. Even linux needs a benevolent dictator.

jg

--
_at_home.com is bogus.
http://www.signonsandiego.com/news/2010/aug/10/skorea-police-raid-google-over-street-view-service/
Received on Tue Aug 10 2010 - 13:54:25 CDT

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