The Connect Between Open Source And Trademarks
Open Source For You|February 2019
The Connect Between Open Source And Trademarks

Open source is now inevitable for companies that want to thrive in a hypercompetitive world. There is currently no place for the old fear, uncertainty and doubt related to using open source software as it’s difficult to imagine a modern technology company that doesn’t use open source components.

The essence of a trademark is the association of a name with the source or origin of the goods in the marketplace. The property right in the name given to the trademark holder is balanced by the social advantage consumers derive from the assurance of quality that the name conveys. So, if a trademark causes ‘confusion’ or is ‘likely to deceive’, it can affect the source of the mark and its characteristics in a negative way.

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February 2019