Yesterday I expressed that "Open Source Media," the radio show, had trademarked their name for a radio show. I was slightly, but very significantly, wrong. I think this is actually a big problem. I don't think anyone is going to listen to me about it though.

We do have a pending registration for a trademark on “Open Source,” submitted in May of this year, as the title of a radio show and a website.

Well, thats interesting. Not "Open Source Media." Just "Open Source." These guys want to own the words "Open Source" as the title of "a radio show and a website." Its interesting that they didn't tell the USPTO about the website, just the radioshow. But apparently...

“Open source,” if used to describe software, cannot be trademarked. But “Open Source,” if applied to a current affairs blog and radio show can be trademarked; in our case, it is distinctive, not descriptive.

I don't think thats true. In fact, in the next paragraph they say...

We chose the name “Open Source” because it signals the way we produce radio and web content.

Then its descriptive, not distinctive.

I think people should be able to use the word "open source" in reference to blogs and other kinds of participatory media.

Open Source - The Name Problem, Part II