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Date:      Sun, 15 Feb 1998 13:15:03 +0530
From:      A Joseph Koshy <koshy@india.hp.com>
To:        Mike Smith <mike@smith.net.au>
Cc:        freebsd-hackers@FreeBSD.ORG, jkh@FreeBSD.ORG, cjs@portal.ca
Subject:   Re: General policy on trademark violations 
Message-ID:  <199802150744.XAA22883@palrel1.hp.com>
In-Reply-To: Your message of "Thu, 12 Feb 1998 13:54:15 PST." <199802122154.NAA04198@dingo.cdrom.com> 

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>>>> "Mike Smith" <mike@smith.net.au> writes

mike> - Fight it in court.  This is only an option if a donor with a few 

Yes, that may not be such a good idea.

Miracles do happen; e.g:- the McLibel case (http://www.mcspotlight.org/),
but to bet on such a thing wouldn't be wise :).  

mike> - Give in.

Which is what FreeBSD seems to be doing.  Ok, boggle and tetris are 
"just games", but thats not the point.

mike> So you can see where we have to go.  Terry raised the issue that 
mike> renaming, rather than just removing, things would be desirable.

Yes, renaming is an alternative, as is moving affected parts to a site
elsewhere in the world.  US law does not apply everywhere in the world
(yet).

cjs> action to stop it, he risks loosing the trademark. Thus, a trademark
cjs> owner is basically obliged to ask misusers to desist, and even sue
cjs> them if they refuse.

The necessity for perennial vigilance seems to be an artifact of the US legal
system.  This is not true for other legal systems, where a trademark can
be "owned" without so much hassle.

FreeBSD folks, you are seeing just the tip of the iceberg.  Did you know
that *a huge number* words and phrases in the english language have been 
trademarked or servicemarked on way or the other in the US?  Large companies 
in the US spend tens/hundreds of thousands of dollars in trademark searches.   
The process of locating an unencumbered word or phrase takes months and keeps 
getting more expensive as time goes by.   Choosing a new product name or
trademark is risk-prone enough that a few companies require VP level approval 
for the decision.

By a first estimate, 50%-75% of the FreeBSD source tree could be (read: will 
require to be) litigated against on the basis of "trademark violations."

What are you going to do?

jkh> It's the "affiliation" with ftp.cdrom.com and the bazillion search
jkh> engines out there empowering lawyers like Hasbro's daily in finding

It may be wise to disallow WWW indexing/access to the source tree.  I 
suspect that if it isn't visible within two mouse clicks, you're probably
safe.

Koshy
<koshy@india.hp.com>			My Personal Opinions.

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