Naming anything is hard and I don’t have better suggestions but when you’re doing something that’s already poking at something a big corp holds dearly hitting on trademark while you’re at it makes it really easy for them.
You can't have the CUDA substring in the name or anything a court would deem potentially confusing. Even if "CUDA" wasn't registered, using a similar name could be seen as an attempt to pass off the product as affiliated with or endorsed by NVIDIA. The similarity in names could be construed as an attempt to unfairly benefit from NVIDIA's reputation and market position. If the open-source project implements techniques or methods patented by NVIDIA for CUDA, it could face patent infringement claims. If CUDA is considered a famous mark, using a similar name could be seen as diluting its distinctiveness, even if the products aren't directly competing. If domain names similar to CUDA-related domains are registered for the project, this could potentially lead to domain dispute issues. It's a huge can of worms.
I wonder to what ends trademark protections reach.
Firsthand example, both SpaceX and Subaru have services called Starlink. Subaru Starlink was first, but SpaceX Starlink is more famous. I've been confused and I've seen others be confused by the two.
The Sleekcraft test or the Ninth Circuit likelihood of confusion test, is used to determine trademark infringement in the United States, particularly in the Ninth Circuit Court of Appeals. This test evaluates several factors to assess whether there is a likelihood of confusion between two trademarks. Factors considered:
1. Strength of the mark
2. Proximity of the goods
3. Similarity of the marks
4. Evidence of actual confusion
5. Marketing channels used
6. Type of goods and degree of care likely to be exercised by the purchaser
7. Defendant's intent in selecting the mark
8. Likelihood of expansion of the product lines
To apply this test, courts examine each factor and weigh them collectively to determine if there's a likelihood of confusion between the trademarks in question. No single factor is determinative, and the importance of each factor may vary depending on the specific circumstances of the case.
The courts will fudge their reasoning with those eight pillars to fit their opinion.
Subaru Starlink is a wireless communication network for Subaru cars, it lets the cars make phone calls to Subaru customer support and emergency services. I believe it's also how Subaru cars update their car navigation. It is a subscription service.
SpaceX Starlink is a wireless communication network for internet service, including on-the-road service. It is a subscription service.
You tell me this doesn't confuse people who aren't privy to the technical details.
IANAL, and I don't know how a court would rule, but to me the name libreCUDA is self-evidently not affiliated with Nvidia, as the libre prefix indicates it is an open source alternative.
