Defensible Brand Names Using Trademarks at Product Camp DFW

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Dallas Intellectual Property Attorney presented on creating and maintaining a defensible brand name in the early stage of the product life cycle.

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In the modern open source world, where licenses and DVCS’ allow instant and infinite forking, the only true control point for a community-based open source project is its name, its logo, and its identity. Your brand is your identity: this is how the rest of the world sees you and your project. How can a volunteer-led open source project control it’s own identity and brand? How do you manage your project’s brand when most of your volunteers are coders who don’t want to get involved with lawyers or deal with enforcing trademarks? How can the community keep their brand independent and free of commercial influence, so they can ensure the maximum number of people and corporations are interested in participating in their project? Similarly, how can businesses respectfully use open source brands to their own advantage – without being seen as co-opting and independent or open community open source project solely for their own gain? The desire to control the next hot project for your profit may quickly turn on you when another company simply forks the code under a better marketed service. Learn the basics of all these topics and more with Shane Curcuru, who volunteers as Vice President, Brand Management for The Apache Software Foundation. Over the past few years Shane has led a group of volunteer ASF Members to define and implement a consistent brand policy for all 100 Apache projects – spanning from the veritable HTTPD and Tomcat to the newest CouchDB and Hadoop.

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