Re: Custom extensions to Lua

[Jamie Webb <j@...>]

On Thu, Aug 11, 2005 at 09:43:44PM -0300, Luiz Henrique de Figueiredo wrote:
> > > Actually, the license does not give anyone the right to use the name Lua :)
> > 
> > Unless a trademark is being claimed on the name (as you seem to be implying),
> > everyone has the right to use the name by default.  I've never seen any (tm)
> > or (r) on the name Lua, or its logos, so I don't believe a trademark is being
> > asserted.
> 
> I think Roberto's point is that the Lua license is about the software,
> not about the name (which is not registered in any way, being a common
> Portuguese word) or the logo (which *is* copyrighted). If we wanted to
> make any claims on the name, a trademark would be needed and so would
> be the object of a separated legal text (I'm not sure licence applies
> for a name). --lhf

No, the license wouldn't cover the name (except for Apache-style
restrictions), but in the UK at least there is the concept of 'passing
off'. Essentially, if you can prove that you have lost business
because someone else is using the name of your product and its
associated goodwill to promote their own wares, you have grounds to
sue. That differs from a trademark in that the the latter makes
litigation easier because there is no requirement to prove anything
about public perception or loss of business.

Of course, especially as an open-source product it would be very hard
to make that stick, but in theory at least no-one else should claim
that a non-official release is 'Lua' (though it can happily 'use Lua'
or be 'Lua-based').

-- Jamie Webb