Date: 24 Apr 2003 11:54:03 -0700 From: swear@attbi.com (Gary W. Swearingen) To: ulf@Alameda.net Cc: freebsd-chat@freebsd.org Subject: Re: Mercenary coding (Re: Is there a header conflict?) Message-ID: <hjwuhjafqs.uhj@localhost.localdomain> In-Reply-To: <20030424005918.Z92807@seven.alameda.net> References: <p565p5b2ex.5p5@localhost.localdomain> <20030423215202.V36781-100000@a3ij25fvy80j.bc.hsia.telus.net> <20030424005918.Z92807@seven.alameda.net>
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Ulf Zimmermann <ulf@Alameda.net> writes: > On Wed, Apr 23, 2003 at 09:53:26PM -0700, Viktor Lazlo wrote: > > > > On 23 Apr 2003, Gary W. Swearingen wrote: > > > > > So who owns the FreeBSD trademark and where are the "Permitted Uses" > > > documented, as published by other trademark owners? > > > > > > I find nothing about the trademark at www.freebsd.org and even the > > > copyright is claimed by a corporation (FreeBSD, Inc.) which shows > > > little other evidence of a legal existance, like some contact info. > > > > http://www.freebsd.org/copyright/daemon.html That's for the copyright on the daemon logo/image, which makes me wonder if anyone is even claiming trademark protectection for that. But it doesn't really matter in this discussion as someone who wants to sell custom versions of FreeBSD CDs can easily avoid use of the daemon image. I was asking about the trademark status of the word "FreeBSD" and the copyright owner of FreeBSD code and documentation (and maybe web site). Following on the clue of Viktor, http://www.uspto.gov shows us that "FreeBSD" is a registered trademark of Walnut Creek CDROM, which using the kepler.ss.ca.gov site shows as another "suspended" California corporation. I noted once that Walnet Creek was sold to the www.simtel.net owner, but BSD Mall's site claims to be the former Walnut Creek CDROM. I don't doubt it, but their site makes no obvious claim of FreeBSD trademark ownership. I'd think that would be a necessary part of trademark protection requirements. So who owns the trademark? > That should actual be: > > http://www.FreeBSD.org/copyright/freebsd-license.html Yes, that's what makes the seemingly bogus "FreeBSD, Inc." claim. > As to the Incorporation: > > http://kepler.ss.ca.gov/corpdata/ShowAllList?QueryCorpNumber=C1948888 > > Corporation > FREEBSD, INC. > Number: C1948888 Date Filed: 9/8/1995 Status: suspended [...] > Status suspend is bad, considering the copyright points to it. Good detective work! The site's definition of "suspended" starts: "The California corporation has lost all rights and powers for failure to meet statutory filing requirements of either the Secretary of State's office or the Franchise Tax Board." (The site offers more status info for money.) Anybody care to educate us about what sorts of things typically happen to the IP assets of defunct corporations? Is it a fair guess that freebsd-license.html is effectively naming Jordon Hubbard as the sole owner of "The FreeBSD Copyright"? Or nobody? (Of course, we know that the page's title is bogus too and that there are many owners of FreeBSD.) We can hope that all of this continues to be of little importance. After all, nothing succeeds like success (the old NASA motto?).
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