Case law
Decisions available here.
Contents
Germany
I 20 U 176/11-Enigma (Düsseldorf 24 Apr 2012) (German)
I 20 U 176/11-Enigma (Düsseldorf 24 Apr 2012) (English) - holding that defendant could use the "Enigma" work title for software modified for its hardware platform and configuration as long as the use did not violate generally accepted practices of trademark and commerce, which in the case of open source software means that the essential functions of the defendant's version of the software are identical, plug-ins and/or extensions of third parties remain compatible, and the defendant abides by the conditions of the GPL license.
U 147/09-Luxor (Hamburg 18 Jan 2012)
Poland
II GSK 1551/11-Der Grüne Punkt
II GSK 1646/11-Der Grüne Punkt
New Zealand
KOHA Decision of the Commissioner 91, [2013] NZIPOTM 47
United States
Autodesk, Inc. v. Dassault Sys. Solidworks Corp., 685 F. Supp. 2d 1023, 1027-28 (N.D. Cal. 2009) - a file name extension is not use as a trademark.
FreecycleSunnyvale v. Freecycle Network, 626 F.3d 509 (9th Cir. 2010) - finding there was a "naked license," and the trademark abandoned, in a loosely-organized management system.
Planetary Motion, Inc. v. Techsplosion, Inc., 261 F.3d 1188 (11th Cir. 2001) - holding that free distribution of GPL software was a trademark use.
Progress Software Corp. v. MySQL AB, 195 F.Supp.2d 328 (D. Mass. 2002) - after agreement was terminated, defendant had to cease using combination trademark that included GPL software name but could state that its product used the MySQL program.
