Date: Tue, 7 Nov 2000 20:57:28 -0500 (EST) From: Tim McMillen <timcm@umich.edu> To: Kevin Oberman <oberman@es.net> Cc: John Galt <galt@inconnu.isu.edu>, Jeremy Falcon <jeremy@intersurf.com>, "James G. Jones" <microtech@adelphia.net>, freebsd-questions@FreeBSD.ORG Subject: Re: Unix Message-ID: <Pine.SOL.4.10.10011072044340.24318-100000@qbert.gpcc.itd.umich.edu> In-Reply-To: <200011071706.eA7H64107282@ptavv.es.net>
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On Tue, 7 Nov 2000, Kevin Oberman wrote: > One thing that many people miss is the difference between Unix and > UNIX(tm). The X/Open group will authorize the use of the UNIX label > for conformant operating systems that provide test results and $$$ to > X/Open. This is not the same as Unix. I'm unsure as to the official > state of this, but the opinion of the X/Open lawyers feel that the > trademark of Unix has not been protected by its prior holders and > would probably not be upheld in a challenge, so they trademarked You bring up a very good point. When a trademark owner makes no effort to protect the mark, then they lose the ability to do so later. You will find hundreds of uses of the term unix Unix and UNIX when not referring to an OS certified by the Open Group. > UNIX. (In the US, trademarks ARE case sensitive.) Are you sure that's true? I'd not heard that, but wouldn't be surprised. Could you (or anybody) provide a definitive reference for that? > For those unfamiliar with US trademarks, they are valid when used in > trade and when they are perceived by the public and something other > than a generic term. My bet is that if it ever went to court, it could be argued and won that unix (any capitalization) IS a generic term now, and is no longer a valid copyright. Especially given that the Complete FreeBSD says right on the cover "The Free Version of Berkeley UNIX" As far as I know that has not been contested. Since they did not protect the use of their mark it could probably considered lost. > This has resulted in the loss of trademark status > for things like Formica. I suspect Kleenex is totally indefensible, > but no one has ever challenged it. > > I also note that the box FreeBSD comes in say "BSD UNIX" on it. I > don't know if this means that BSDI has gotten X/Open sanction or not. Unless I REALLY missed something, no they have not. So like I said before, I would be led to believe that them not puruing the use of their former trademark in a single widely marketed product would mean that the trademark is now indefensible. That could just be wishful thinking (that we could stop going over this stupid FreeBSD is not UNIX(tm) crap). I have not found a good definitive reference on it. Tim To Unsubscribe: send mail to majordomo@FreeBSD.org with "unsubscribe freebsd-questions" in the body of the message
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