["John R." <jhoger@xxxxxxxxx>]

Actually it boils down to this:

The trademark must be held and defended (registered or not) by some
going concern. Some benevolent private enterprise is certainly a
workable solution.

It doesn't need to be 100% ownership. There may be a buyout clause or
a perpetual license for Gerald to use the name for whatever project he
likes. If the business is really nice they may offer to defend the
name while leaving actual ownership with Gerald as long as he works
for them.

But it has to be some organization that has sufficient funds and will
to defend the trademark in a lawsuit.

It could be a private business, individual, or non-profit. Keep in
mind though, a NP must still make money. So there must be a business
model.

Plus, this company http://www.wireshark.com must be unwilling to
defend their mark, or the two organizations could share it, in the way
that there is no apparently no confusion between Apple Computer and
Apple Records. Although the company doesn't have the word TM all over
the page they've been using it so it's a trademark.

-- John.
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