Please fix the trademark policy in regards to code

Julian Bradfield junicode at jcbradfield.org
Wed Oct 21 07:59:27 CDT 2020


On 2020-10-20, William_J_G Overington via Unicode <unicode at unicode.org> wrote:
> There is something about there being no legal force in declaring upon an 
> object or in literature describing the object that the object is 
> patented unless the registration number of the patent is also stated.

I don't think so. While plastering your patent number over everything
makes infringement claims easier, it's the responsibility of the other
inventor or producer to look for relevant patents. The so-called
"innocent infringement" defence requires the defendant to prove that
they had no knowledge AND had no reasonable grounds for supposing the
existence of a patent. If you have seen a claim that something is
patented, you have reasonable grounds for supposing the existence of a
patent, regardless of whether its number is given.

> So, is it reasonable for Unicode, Inc. to request or require on a web 
> page for people to repeat a statement that Unicode is a registered 
> trademark when Unicode, Inc. does not provide any checkable evidence 
> upon that web page that that is the case?
>
> If a person does state that message and is then challenged to prove that 
> claim how does the person do that?

By searching the online US trademarks database, surprisingly enough.
Which you could have done before posting.


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