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Poll: Is XML UI Language Trademarkable?
posted by Gerald Bauer on January 07, 2004
Do you support Mozilla's claim that XML UI Language (XUL) is a trademark like Google or Amazon and not a generic term like RAD, IDE, GUI, DOM or IDL?
Yes
No
Don't care. Whatever.
Don't know. I'm not a Lawyer. IMNAL (TM).
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Do you want to shutdown the XUL Alliance and the XUL News Wire?
Yes.
No.
Don't care. Whatever.
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Comments

XUL is a trademark, see http://www.mozilla.org/foundation/licensing.html

I would change XUL names to XUILs or something similar. It's just a naming convention not a religion war.

I'd like also to made a parallel XUL specification (XUIL) and create conformance test so everyone could implement a standarized XUILs rendering engine if want.

Posted by: Luca Tanieli at January 7, 2004 06:29 PM

Luca sorry to break the news but if XUL is a trademark (it's not) than you can't just use XUIL or XUI because it's just to close to XUL and causes confusion.

Posted by: Gerald Bauer at January 7, 2004 07:07 PM

> XUL is a trademark, see http://www.mozilla.org/foundation/licensing.html

Well, please check the document history and you will see that the claim that XUL is a trademark was just added last November (that is, a couple of weeks ago).

BEFORE:
But we do strictly enforce our trademark rights. This means that, while you have considerable freedom to redistribute and modify our software, there are tight restrictions on your ability to use the Mozilla name and logos.

AFTER:
But we do strictly enforce our trademark rights. Our trademarks include, among others, the names Mozilla, Bugzilla and XUL, the Mozilla text logo and the red lizard logo. This means that, while you have considerable freedom to redistribute and modify our software, there are tight restrictions on your ability to use the Mozilla name and logos.

Posted by: Gerald Bauer at January 7, 2004 07:19 PM

Developpers of Mozilla invented the acronym XUL, for a specific language. So i think we cannot re-use this term for another thing that this language. You do a XUL-like language, with some few difference ? so call it with another word, with another acronym, but not with XUL. Because it can cause confusion, because XUL word and Mozilla are very linked historically.

It's like C language, or Python language. You cannot call your new compiler 'Python compiler' or 'C compiler' if the language is *only* look like Python or C. To use this name, the language compiled *must* be Python or C. Otherwise you spread confusion : "so what is the real python language ? what is the real spec of XUL language ?". All the more so as XUL is a young language...

I think that a word like XML-UI (or XML-UIL) can be a generic word but not XUL.

Posted by: Laurent Jouanneau at January 7, 2004 11:07 PM

What Laurent said!

Posted by: Thierry Bernard at January 9, 2004 12:43 AM

For some insight in the XUL naming debate allow me to quote from from the W3C's Intellectual Rights Notice and Legal Disclaimers page.

Original:

"METADATA" is a trademark of the Metadata Company. W3C uses the term "metadata" in a descriptive sense, meaning "data about data". W3C is not in any way affiliated with the Metadata Company.

Now let's change "METADATA" to "XUL":

"XUL" is a trademark claimed by the Mozilla Foundation. The XUL Alliance uses the term "XUL" in a descriptive sense, meaning "XML UI Language". The XUL Alliance is not in any way affiliated with the Mozilla Foundation.

Now how silly is that?

Posted by: Gerald Bauer at January 9, 2004 04:07 AM

Allow me to quote US trademark regulation:

1209 Refusal on Basis of Descriptiveness

Extract from 15 U.S.C. §1052.

No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it .... (e) Consists of a mark which, (1) when used on or in connection with the goods of the applicant is merely descriptive or deceptively misdescriptive of them....

Matter that “merely describes” the goods or services on or in connection with which it is used is not registrable on the Principal Register. As noted in In re Abcor Development Corp., 588 F.2d 811, 813, 200 USPQ 215, 217 (C.C.P.A. 1978):

The major reasons for not protecting such marks are: (1) to prevent the owner of a mark from inhibiting competition in the sale of particular goods; and (2) to maintain freedom of the public to use the language involved, thus avoiding the possibility of harassing infringement suits by the registrant against others who use the mark when advertising or describing their own products.

Posted by: Gerald Bauer at January 9, 2004 07:49 AM

My stance is that as long as the first letter in whatever-gui-markup-language-mozilla-uses stands for XML, it should be declared a _generic_ term. I think Mozilla should put an 'M' for Mozilla to make it _Mozilla_ XML User Interface Language.

Posted by: Mathew McBride at January 10, 2004 07:59 AM

XUL is the Mozilla trademark. You're just confusing people by using the wrong name for a specific type of application of XML. So, Yes (which currently has ~60% of the vote).

As for shutting the two services down, NO! XUL and other XML-based GUI languages need publicity. They *don't*, however, need misleading publicity, and they *do* need name changes. A simple name change to show that they are for all XML-based GUI languages and not just XUL would be the correct thing to do. Perhaps XGUIL Alliance and XGUIL News Wire would be appropriate (X-Ghoul for the pronunciation - there, you even get to keep a Ghostbuster-y name!). It would be a hassle, but it *is* the right thing to do.

Posted by: Jeff Walden at January 11, 2004 09:04 PM

XUL Is a trademark owned by A German company:
Helmut Fischer GmbH & Co. Institut fur Elektronik und Messtechnik CORPORATION FED REP GERMANY Industriestrasse 21 D-71069 Sindelfingen FED REP GERMANY

Posted by: big lawyer at January 13, 2004 03:44 PM
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