Re: Perpetuating the myth...annoying - Mailing list pgsql-advocacy

On Mon, 5 Apr 2004, Joshua D. Drake wrote:

> >>
> >>
> >> We might get in trouble with their (MySQL) trademark guys with this:
> >>
> >>
> >> D. Damaging Use.
> >>
> >>
> >>
> >> The MySQL AB Marks may not be used in a manner or with respect to
> >> products that will decrease the value of the MySQL AB Marks or
> >> otherwise impair or damage MySQL AB's brand integrity, reputation or
> >> goodwill, including (without limitation) use in a manner that is
> >> unethical, offensive, disparaging, defamatory, illegal or in bad taste.
> >>
> >>
> >
> > Not sure, running a benchmark is not a misusage of their trademark. try
> > to google mysql vs pgsql or the other way around..some other people did
> > some benchmarks already
> > isn't it ?
>
>
> IANAL but I think it would depend on how it was worded and whether or
> not they wanted to get ugly about it.
>
> I am actually surprised they haven't gone after the sql-info.de guys.

Here's a link from the international trademark association:

http://www.inta.org/info/faqsU.html

The short answer is that it would appear to be in this paragraph, which I
quote here for convenience:

QUOTE:

WHEN CAN I USE ANOTHER'S TRADEMARK WITHOUT THEIR CONSENT?

As a general matter, it is advisable to obtain the consent of a trademark
owner before proceeding with use of their mark. Trademark law, however,
does permit the use of another's mark (whether registered or unregistered)
without their consent if the use of the mark is made in good faith for the
purpose of merely describing the goods or services to which the mark
relates or to accurately indicate compatibility with another's goods or
services. Relevant considerations for determining whether use of another's
mark constitutes "fair use" include, but are not necessarily limited
to, the following:

Bad faith. Intentionally using another's mark for the purpose of
benefiting from the good will associated with the mark is not a
permissible use of another person's mark without their consent.

How the mark is used. Use of another person's mark should not be made for
the purpose of promoting one's own goods or services without their
consent. Visual placement and prominence of the other mark can bear upon
whether use of another's mark may be construed as being for one's own
promotional purposes.

Confusion by consumers. Some uses of another's mark can suggest
sponsorship or endorsement by the mark's owner and can confuse consumers
into believing that there is an association between you and the owner of
the mark. This is not a permissible use of another's mark without their
consent.

ENDQUOTE:

Basically, as long as no one is trying to "ride the MySQL wave" or confuse
consumers it should be ok to use it.  I.e. just using someone's trademark
when referring to their product is not misuse.  If you were lying or
trying to mislead people, then it's a possibility you could be in some
kind of trouble, but as long as we're just saying "we tested MySQL against
Postgresql and here's what we found."  We should be ok.