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MIME use of trademark names 'gif' and 'postscript'

1993-01-27 22:01:54
I'm somewhat reluctant to bring this up, but I guess it is an issue
that needs to be discussed:

RFC 1341 calls for the use of 

        Content-Type: application/PostScript
and 
        Content-Type: image/gif

However, Adobe Systems Incorporated owns the trademark "PostScript".
The preface to Postscript(R) Language Reference Manual, Second
Edition, Adobe Systems Incorporated, says that "Adobe will enforce its
copyright and trademark rights", and that while Adobe "gives
permission to anyone to write programs in the PostScript language and
write drivers that generate output consisting of PostScript language
commands", it explicitly says "the trademark 'PostScript' may not be
used to identify any product not originating from or licensed by
Adobe."

Without some clarification from Adobe Systems Incorporated, might it
mean that a user who sends out a MIME message with an
'application/PostScript' tag is infringing on Adobe's right to
exclusive use of that trademark? (Unless, of course, the MIME
generating application is licensed from Adobe?)

Similarly, the word 'GIF' is a service mark of CompuServe
Incorporated.  It would seem, from their licensing terms (included
below), that any software such as a MIME document reader that wishes
to display GIF images must include a screen display, acknowledging
ownership of the Graphics Interchange Format and the Service Mark by
CompuServe Incorporated.

Can an Internet Standard require use of these two trade/service marks?

I see two alternatives:
a) get permission from Adobe and CompuServe, respectively, for use of
their trademarks in MIME messages.

b) change the content-type designations to avoid use of trademark names.

E.g., change application/PostScript to application/ps (or, God forbid,
application/ps90 to signify the 1990 edition of the Adobe book).
I'm not sure about image/gif: perhaps the restrictions placed on 'gif'
aren't as stringent (see the preface from the gif89a documentation
below), or image/gif89a might be used.

================================================================
The Graphics Interchange Format(c) is the copyright property of CompuServe
Incorporated. Only CompuServe Incorporated is authorized to define, redefine,
enhance, alter, modify or change in any way the definition of the format.

CompuServe Incorporated hereby grants a limited, non-exclusive, royalty-free
license for the use of the Graphics Interchange Format(sm) in computer
software; computer software utilizing GIF(sm) must acknowledge ownership of the
Graphics Interchange Format and its Service Mark by CompuServe Incorporated, in
User and Technical Documentation. Computer software utilizing GIF, which is
distributed or may be distributed without User or Technical Documentation must
display to the screen or printer a message acknowledging ownership of the
Graphics Interchange Format and the Service Mark by CompuServe Incorporated; in
this case, the acknowledgement may be displayed in an opening screen or leading
banner, or a closing screen or trailing banner. A message such as the following
may be used:

      "The Graphics Interchange Format(c) is the Copyright property of
      CompuServe Incorporated. GIF(sm) is a Service Mark property of
      CompuServe Incorporated."








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