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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
>
>
>
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