(Illustration by Gaich Muramatsu)
Since the issue was raised on this mailing list, I checked with Carnegie Mellon's legal department regarding our rights in the name "Coda" (referred to as the "Coda mark" in trademark law). Apparently, Panic filed a trademark application with the United States Patent and Trademark Office to register the Coda mark in the category of states that they started using the Coda mark in April 2007. Our legal department confirmed that, since CMU has used the Coda mark in connection with the Coda File System for approximately 20 years, CMU has common law rights in the Coda mark (in connection with the File System). As a result of CMU's common law rights, regardless of whether Panic is successful in obtaining a registered trademark for "Coda", CMU can continue to use the Coda mark for the Coda File System (and Panda's registration does not and cannot prevent CMU from doing this.)Received on 2007-09-25 14:26:29