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Date:      Tue, 11 Dec 2001 20:26:51 +0100
From:      "Anthony Atkielski" <anthony@freebie.atkielski.com>
To:        "Jeremy C. Reed" <reed@reedmedia.net>, <freebsd-advocacy@FreeBSD.ORG>
Subject:   Re: trademark?
Message-ID:  <013c01c18279$c9cd8e70$0a00000a@atkielski.com>
References:  <Pine.LNX.4.21.0112111106400.4822-100000@pilchuck.reedmedia.net>

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Is anyone talking to lawyers about this?

Trademarks are not like copyrights or patents.  In order to claim that a
symbol is a trademark, you must show that you've actively used it in
connection with some sort of trade or business.  You must also defend it
against inappropriate use.  If you fail to do either of these, you lose the
trademark; you cannot just put it in a box and seal it away.  Registering
the trademark helps, but you may still lose it if you are not duly diligent
in protecting it, and just to register it, you have to first show that it is
a legitimate trademark (i.e., you must show that you are actually using and
protecting it, at least in the U.S.).

From what I'm seeing here, it sounds like the FreeBSD trademark, if any, has
only a very tenuous existence.

----- Original Message -----
From: "Jeremy C. Reed" <reed@reedmedia.net>
To: <freebsd-advocacy@FreeBSD.ORG>
Sent: Tuesday, December 11, 2001 20:11
Subject: Re: trademark?


> On Tue, 11 Dec 2001, Brian Raynes wrote:
>
> > Have that officially dumped Freebsd completely?  The box set at the
> > local CompUSA still has Wind River's logo for release 4.4.  I'd like to
> > see where they've announced the dumping of Freebsd completely. I
>
> Have a look at my article at
> http://www.bsdtoday.com/2001/October/News572.html
>
> > remember that most of the developers were laid off.  Otherwise, I would
> > also second the idea that the trademark be preserved.
>
> Also from the article:
>
>  According to Wind River: "Wind River plans to ensure continuation of the
>  altruistic, open stewardship of the FreeBSD trademark. We feel strongly
>  that the FreeBSD project must be protected and encouraged and that a
>  FreeBSD trademark in the wrong hands could be very detrimental. We
>  continue to search for the best solution. No specific third-party has yet
>  been determined, but transfer to a suitable third-party is the leading
>  option being considered."
>
>    Jeremy C. Reed
>    http://bsd.reedmedia.net/
>
>
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