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Date:      Wed, 25 Oct 2000 03:10:14 +0000 (GMT)
From:      Terry Lambert <tlambert@primenet.com>
To:        babkin@bellatlantic.net (Sergey Babkin)
Cc:        tlambert@primenet.com (Terry Lambert), fengyue@bluerose.windmoon.nu (FengYue), freebsd-hackers@FreeBSD.ORG
Subject:   Re: FreeBSD vs. Linux
Message-ID:  <200010250310.UAA12091@usr02.primenet.com>
In-Reply-To: <39F6183B.D78D3D90@bellatlantic.net> from "Sergey Babkin" at Oct 24, 2000 07:16:11 PM

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> > > Don't forget UNIX is a trademark of Open Group.
> > 
> > Actually, it's a trademark of USL, licensed to The Open Group.
> 
> USL is no more, for quite a few years now. I believe that SCO
> gave the ownership of UNIX trademark to Open Group.

The WIPO database shows a GB registration fro X/Open Company
Limited.  Application numbers are 000227991 and 000431569.
This is from the Community Trade Mark Consulatation Service
(CTM-Online search engine):

	http://oami.eu.int/search/trademark/la/en_tm_search.cfm

The US-PTO search engine, Trademark Electronic Search System (TESS),
appears to be dead right now; it's normally at:

  <http://tess.uspto.gov/bin/gate.exe?f=login&p_lang=english&p_d=trmk>;

The last time I searched there, it was still owned by USL and
exclusively licensed.

The Canadian online database is still up at:

  <http://strategis.ic.gc.ca/cgi-bin/sc_consu/trade-marks/search_e.pl>;

And a search there yields:

REGISTRANT:
 AMERICAN TELEPHONE AND TELEGRAPH COMPANY, 
 550 MADISON AVENUE, 
 NEW YORK, NEW YORK 10022, 
 UNITED STATES OF AMERICA
 CURRENT OWNER:
 X/Open Company Limited 
 Apex Plaza, 
 Forbury Road, 
 Reading, Berkshire, RG1 1AX, 
 UNITED KINGDOM
      REPRESENTATIVE FOR SERVICE:
      SHAPIRO, COHEN 
      P.O. BOX 3440, STATION D 
      112 KENT STREET, SUITE 2001 
      OTTAWA 
      ONTARIO K1P 6P1 

 INTERESTED PARTIES
 OLD OWNER
 NOVELL INC., 
 A DELAWARE CORPORATION, 
 1555 NORTH TECHNOLOGY WAY, 
 OREM UTAH 84057, 
 UNITED STATES OF AMERICA

In the U.S., I'm still not sure; the applicable U.S. law implies
that there are problems with transfer of ownership, just like
transfer of ownership of patents and copyrights (in the U.S., a
patent or copyright can not be transferred, only assigned, since
there are time limits who clock would otherwise reset, especially
for Copyright).

In any case, it looks like use of the UNIX trademark is still
subject to testing and certification, per:

	http://www.opengroup.org/testing/checklist/

It's interesting that they require CDE certification, if you
want to use the UNIX trademark in association with a workstation,
and that you must support their Internet Server Product
Registration checklist to use it in association with a server.

As an intersting aside, here are registered products by company
(note that Caldera isn't lists -- yet, anyway):

	http://www.opengroup.org/regproducts/company.htm


					Terry Lambert
					terry@lambert.org
---
Any opinions in this posting are my own and not those of my present
or previous employers.


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