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[e4-dev] XWT Designer trademark

Hi All,

 

Today, I get an email from the Vice President Mark Johnson, there is the content:

 

As you may know, Instantiations has become more involved in the Eclipse e4 effort.  One of  our staff members who is monitoring the e4 project noticed that you are using the term “XWT Designer” to describe the tooling you have created as part of the e4 project.

 

http://dev.eclipse.org/blogs/yvesyang/2009/11/02/xwt-designer/

 

We respectfully request that you stop using the term “XWT Designer” for the following reasons:

·         The term is literally “one letter away” from trademarks of Instantiations, Inc. (SWT Designer™ and GWT Designer™)

·         It is also very close to Swing Designer™ – the point being that we have built a franchise around this naming scheme.

·         Our trademark for SWT Designer was initially asserted in September 2003 and has been used in commerce since that date

http://www.instantiations.com/windowbuilder/swtdesigner/index.html?id=2

·         Our trademark for GWT Designer was initially asserted in October 2006 and has been used in commerce since that date

http://www.instantiations.com/gwtdesigner/index.html

·         We believe that your use of the term “XWT Designer” will cause confusion in the market, perhaps leading consumers to believe the technology is offered by Instantiations.

·         Further we  believe your use of the term “XWT Designer” could constitute an infringement on the spirit and intent of our trademarks (referenced above) for GUI building products in the Eclipse market.

 

Thank you for your cooperation and I look forward to your response to our request.

 

Here is my answer:

 

The designer is a common word like editor, studio, builder etc. I don’t think it is a trademark of instantiations. I believe we have the right to using it except Instantiations has trademark “XWT Designer” in whole before.

 

Furthermore, XWT Designer is a component of eclipse project. It is not owned by Soyatec anymore. It is the responsibility of eclipse foundation and community to make the decision.   

 

I hope the purpose of your involve in e4 is not just to take over this name.

 

What do you think and what should we do?

 

Yves YANG

--------

Soyatec

http://www.soyatec.com

Tel: + 33  6 20 74 39 45

 


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