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Starting up a Company with the Word Magento in it
 
SiteSmart
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Hi, I am curious if there are any legal issues with starting up a company with the name Magento in it that specializes in Magento customizations.  For example, if I started up a company called Magento Web Customs, would that be a problem?

 
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ShopMagCart
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SiteSmart - 10 March 2009 10:51 AM

Hi, I am curious if there are any legal issues with starting up a company with the name Magento in it that specializes in Magento customizations.  For example, if I started up a company called Magento Web Customs, would that be a problem?

http://www.magentocommerce.com/company/terms

I wouldn’t without express written permission.  They have a registered trademark.

 
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RoyRubin
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Indeed this is correct. Our license page explains what is proper and what is not.

http://www.magentocommerce.com/license/

Using our trademark ‘Magento’, is clearly not.

 
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USAMerchant
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On the other hand, There is nothing from stopping you from registering any domain name with the word magento in it.

 
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intramedial
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What is about using shortforms of the word Magento like Mage or Mag with other services like Hosting, Extensions, Templates and so on. Still it implies a connection to Magento.

Examples: MageHosting.com, MageTemplates.com, MagExtensions.com and so on

In general, is it necessary for a designer to register a partnership with Magento to offer themes for Magento for example or would it be an option but not required?

 
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Stuarts
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Mag or Mage does not imply Magento.

I don’t see why you would have to ask anyone at all to use that?

Any more then you would have to ask Microsoft if you wanted to use the word Micro

 
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TGM
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correct me if i am wrong but Magento is not a REGISTERED trademark if it was it would have (®) a little R in a circle at the end this is what the law in the UK says

The symbol ‘TM’ has no legal significance in the United Kingdom, and is therefore free for anybody to use.  It is intended to show that you are using your name to trade, but that it is not necessarily registered.  You do not have to identify your trade mark as registered.

and about the R

The ® symbol usually is usually placed on the right-hand side of the trade mark, in a smaller type size than the mark itself, and in a raised (superscript) position; none of this is compulsory. If you do not have the ® symbol available, you can use the abbreviation “RTM”.

It is a criminal offense to use the ® or the abbreviation “RTM”, on a mark that is not registered anywhere in the world.

 
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h3rB
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TGM - 04 April 2009 03:27 AM

correct me if i am wrong but Magento is not a REGISTERED trademark if it was it would have (®) a little R in a circle at the end this is what the law in the UK says

The symbol ‘TM’ has no legal significance in the United Kingdom, and is therefore free for anybody to use.  It is intended to show that you are using your name to trade, but that it is not necessarily registered.  You do not have to identify your trade mark as registered.

and about the R

The ® symbol usually is usually placed on the right-hand side of the trade mark, in a smaller type size than the mark itself, and in a raised (superscript) position; none of this is compulsory. If you do not have the ® symbol available, you can use the abbreviation “RTM”.

It is a criminal offense to use the ® or the abbreviation “RTM”, on a mark that is not registered anywhere in the world.

If this is true, for a website to be run by a company registered in the UK or operated in the UK then there is no problem in having for example www.MAGENTOECOMMERCE.com (for example). If so then some stuff needs changing on the “License/Trademark FAQ” page.

 
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TGM
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If this is true, for a website to be run by a company registered in the UK or operated in the UK then there is no problem in having for example www.MAGENTOECOMMERCE.com (for example). If so then some stuff needs changing on the “License/Trademark FAQ” page.

Correct you can find more info about the UK laws here (this is the government run website) http://www.ipo.gov.uk/

 
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J_T_
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Regardless of laws, it’s not a good idea to begin with.

You are trying to bank on Magento’s popularity but it may sink as fast as it rises. Or the next best thing may come along tomorrow, perhaps a successful fork. Now you’re stuffed with your limiting company name. Think long-term. Go for something specific but more generic, to do with online commerce, that may accommodate the next thing after Magento.

 
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TGM
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Regardless of laws, it’s not a good idea to begin with.

You are trying to bank on Magento’s popularity but it may sink as fast as it rises.

Just to confirm. I have no intention of starting a website with the name or even about magento I was only stating the law in the UK which is basically if you don’t pay for the mark its meaningless in UK.

thanks

 
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crucial
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what’s so wrong with having an original thought?

There seems to be a lot of opportunity around Magento without trying to steal from it.

 
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dhana
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hello all,

Magento is great E commerce Platform and Thanks for making it Open source!!!.
I 100% respect whatever effort put by the original developers, and he/she/they deserve it.

But, I think there is only one thing is very strange.
URL: http://www.magentocommerce.com/license/
Can I use the “Magento” trademark in one of my domain names or URLs?
No. You may not use the Magento trademark or any other mark associated with the Magento offering from our company in your domain name or URL. (For instance “www.magentohosting.com” is not allowed. See more on this topic below.)

How is it possible ?
Nowadays all the CMS are coming with excellent SE friendly URL. If someone is using the title Magento then the URL will have the keyword Magento.  And it is almost impossible to talk about Magento in any forum or Blog without using the word “Magento” in Title or URL, Am i correct ?
And also, I could not understand the business logic behind this conditions. Can someone explain me the business logic behind this ?
Is there any CMS in the world, which impose the similar kind of thing ?

Sorry, If I have expressed something wrong in this post. I just want to clarify some questions.

Thanks

 
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intramedial
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Stuarts - 31 March 2009 05:16 AM

Mag or Mage does not imply Magento.

I don’t see why you would have to ask anyone at all to use that?

Any more then you would have to ask Microsoft if you wanted to use the word Micro

Mage is commonly used in the core files “mage_core” etc.. For me it implies directly to Magento as the short form used by the Magento development team, so yes, it surely does imply to the brand Magento.

Mag would be a bit farer but still, why hasn’t Magento or Varien done the same like Joomla! and Open Source Matters, Inc. does, they require anyone who uses or wants to use the word Joomla in a domain to register with the company and to get the allowance from them.

Anyhow, as the developers of Magento, I would register Mage as a part of the trademark, as the commonly used shortform, that is the point.

 
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rainman127
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Hi
just 1 opinion but I would just come up with a different name and spend my time writing code instead of discussing this....

 
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demonkoryu
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Mage = Magician and is a common word, I wouldn’t think you can sue anyone for using it but I’m not a lawyer. Anyway, Varien won’t need to do that *but* they need to defend their trademark or it can become invalid.

 
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