So, it's a French trademark. Not a lawyer, but from what I remember trademarks need to be registered in every region you want to enforce them in separately.
If the author of "Notepad++ for Mac" doesn't happen to be French as well, is there anything (legally) preventing them from using this trademark?
"Enforce" yes but the point is that this fork clearly violates broader principles and conventions around respecting clearly active trademarks. Nobody is demanding a lawsuit in French court or any particular legal consequences. But it is totally valid and reasonable for an international company like Cloudflare to crack down on hosting his website: they have French customers.
Also it's really not a finder's-keeper's thing with trademarks and international borders. If someone trademarked Notepad++ in the US and released some janky port with the Notepad++ name, Don Ho could likely still win in US court. Most reasonably knowledgeable US consumers who are plausibly in the market for a Windows text editor are at least superficially familiar with "Notepad++" as the name of a well-regarded software product. I know we travel in certain circles, but there is a reason this guy wants to use "Notepad++" and not "MacnotePlus - A fork of Notepad++ for MacOS." It's a famous name.
That's not correct. You don't have to register a trademark in order for it to be protected, it's just recommended because if you do register it you don't have to separately prove that you have built up brand reputation. That should be pretty easy for a project as old and well-known as this though.
In very, very broad US-centric* strokes: Using a mark in trade is enough to establish a defensible trademark.
Registering a trademark can be useful, but it is also optional. At very least, registration helps make the ownership of the mark easier to discover and this can help everyone start on the right foot.
(* I'm not familiar at all with the laws of France, but that's fine: The alleged violation happened in New York.)
Copyright and trademark are two entirely different things.
Copyright protects the right of authors to decide how their work is used -- it applies to the content, e.g. the code.
Trademark protects the right of consumers to not be misled by fakes or frauds -- it applies to the names and identifiers that people apply to products and services, e.g the brand name.
Open source copyright licenses allow you to use the source code, but they typically do not grant any trademark rights.
So, it's a French trademark. Not a lawyer, but from what I remember trademarks need to be registered in every region you want to enforce them in separately.
If the author of "Notepad++ for Mac" doesn't happen to be French as well, is there anything (legally) preventing them from using this trademark?
You can enforce an unregistered trademark, but you need evidence that it’s actually yours. Registration makes that easier.
"Enforce" yes but the point is that this fork clearly violates broader principles and conventions around respecting clearly active trademarks. Nobody is demanding a lawsuit in French court or any particular legal consequences. But it is totally valid and reasonable for an international company like Cloudflare to crack down on hosting his website: they have French customers.
Also it's really not a finder's-keeper's thing with trademarks and international borders. If someone trademarked Notepad++ in the US and released some janky port with the Notepad++ name, Don Ho could likely still win in US court. Most reasonably knowledgeable US consumers who are plausibly in the market for a Windows text editor are at least superficially familiar with "Notepad++" as the name of a well-regarded software product. I know we travel in certain circles, but there is a reason this guy wants to use "Notepad++" and not "MacnotePlus - A fork of Notepad++ for MacOS." It's a famous name.
That's not correct. You don't have to register a trademark in order for it to be protected, it's just recommended because if you do register it you don't have to separately prove that you have built up brand reputation. That should be pretty easy for a project as old and well-known as this though.
You're correct.
In very, very broad US-centric* strokes: Using a mark in trade is enough to establish a defensible trademark.
Registering a trademark can be useful, but it is also optional. At very least, registration helps make the ownership of the mark easier to discover and this can help everyone start on the right foot.
(* I'm not familiar at all with the laws of France, but that's fine: The alleged violation happened in New York.)
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Thank you for explaining this to me. That makes total sense!
If a mac user is in France, does the software they use have to abide by French laws?
Software that is being distributed in France must abide by French laws.
How does it work when actual source license is GPL?
Copyright and trademark are two entirely different things.
Copyright protects the right of authors to decide how their work is used -- it applies to the content, e.g. the code.
Trademark protects the right of consumers to not be misled by fakes or frauds -- it applies to the names and identifiers that people apply to products and services, e.g the brand name.
Open source copyright licenses allow you to use the source code, but they typically do not grant any trademark rights.
https://en.wikipedia.org/wiki/Debian%E2%80%93Mozilla_tradema...|
It is Mozilla public license, not GPL, but the story is the same.
Or look at CentOS (before it was acquired by RedHat)
The author is happy for people to fork etc, you just can't call it "notepad++" since that's trademarked