Date: Fri, 10 Nov 2000 02:00:34 -0800 From: "Heredity Choice" <stork@QNET.COM> To: "Tim McMillen" <timcm@umich.edu>, "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: <001001c04afd$1177d060$6ac6ddd1@STORK> In-Reply-To: <Pine.SOL.4.10.10011072044340.24318-100000@qbert.gpcc.itd.umich.edu>
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Shakespeare, who has not defended his name as a trademark, once said "A rose is as sweet by any name." Paul Smith > -----Original Message----- > From: owner-freebsd-questions@FreeBSD.ORG > [mailto:owner-freebsd-questions@FreeBSD.ORG]On Behalf Of Tim McMillen > Sent: Tuesday, 07 November, 2000 17:57 PM > To: Kevin Oberman > Cc: John Galt; Jeremy Falcon; James G. Jones; > freebsd-questions@FreeBSD.ORG > Subject: Re: Unix > > > > > 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 > To Unsubscribe: send mail to majordomo@FreeBSD.org with "unsubscribe freebsd-questions" in the body of the message
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