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Help the Gnome Foundation Defend the Gnome Trademark Against Groupon

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Re: Help the Gnome Foundation Defend the Gnome Trademark Against Groupon

#111
post #79

Earlier quoted context omitted.

Not only that, but those $80k could have paid for quite a few months of development, but instead those will be money going down the drain because of a broken justice system. And they have the nerve to say that IP laws are fueling innovation.

Trademark has barely anything to do with IP laws. You are referring to patents, and trademark legislation has nothing to do with patents.

Copyright, trademarks, patents, industrial design rights, trade dress, trade secrets are all lumped together under the intellectual property term. Yes, you can argue that the term itself is incorrect as property is used here in a way that contradicts the law itself, also lumping together different laws under the same umbrella, preventing rational discussions about specifics, but there you have it.

https://en.wikipedia.org/wiki/Intellectual_property

Re: Help the Gnome Foundation Defend the Gnome Trademark Against Groupon

#112
post #79

Earlier quoted context omitted.

Not only that, but those $80k could have paid for quite a few months of development, but instead those will be money going down the drain because of a broken justice system. And they have the nerve to say that IP laws are fueling innovation.

Trademark has barely anything to do with IP laws. You are referring to patents, and trademark legislation has nothing to do with patents.

I didn't see any comments that applied to patents (e.g., that they cover inventions, that they require the inventor to disclose all relevant details of the invention, that they have definite lifetimes, etc.), so while I agree with you and Stallman that it's important to be explicit about when you're talking about copyright, trade secrets, patents and trademarks, I don't think anybody's created any confusion yet.

Besides, for amusement's sake, the USPTO stands for "United States Patent and Trademark Office."

Re: Help the Gnome Foundation Defend the Gnome Trademark Against Groupon

#113
post #35

Earlier quoted context omitted.

Could you kindly explain me then what's the point of registering a trademark? Is it something you can then wave with in front of jury? Do you really need $80k for that? Do you need $80k to print out your accepted trademark application, and prove that you're in the business for 17 years? Sorry this is just complete non-sense and failure of the system.

The system is a mess. I have a small side project and I trademarked the name, yet a competitor of mine used my trademark to promote their site and after speaking with several people about my situation they made it clear that unless I was willing to put up about six figures to fight it there isn't much I could do.

None of those people you spoke to sound like lawyers. It won't cost six figures to have a lawyer send a letter. Your competitor might not like the six figures prospect of defending themselves.

Re: Help the Gnome Foundation Defend the Gnome Trademark Against Groupon

#114

How is it possible for Groupon to not know about GNOME? they probably have so many development machines running GNONE in their offices.. I find it hard to believe that none of their tech team has never heard of gnome.. Infact they should be grateful for GNONE for it being a huge part of linux operating systems and they must have surely used it during the course of groupon's existance

Or maybe they even work for both companies? https://news.ycombinator.com/item?id=8589879

Re: Help the Gnome Foundation Defend the Gnome Trademark Against Groupon

#117
post #50

Couldn't someone like Google, Apple, or any of the other huge companies who have made billions with the help of *nix and OSS in general step in and help out with what, to them, is a trivial drop in the bucket of money? Also how is it even legal for someone to so openly and malicious intrude on a trademarked name? I thought that's the entire point of trademarks.. it protects you from this?

Apple isn't really a stranger to announcing products with already trademarked names..

[deleted]

Re: Help the Gnome Foundation Defend the Gnome Trademark Against Groupon

#118

I'm one of the folks working on the GNOME defense campaign. Happy to answer any questions people might have.

Why that amount of money? Is that how much the SFLC needs? I assume you're picking the SFLC to represent you, right?

Does the FSF handle any of Gnome's finances? As a GNU package, I thought there still was a relationship between the FSF and Gnome.

I ask because as a fellow GNU-in-arms, I might be able to make a case for sending you a bit of Octave's money. We gotta look out for each other, right?

Re: Help the Gnome Foundation Defend the Gnome Trademark Against Groupon

#119
post #93
post #66

Earlier quoted context omitted.

I'm not sure what you are suggesting here..

That I have no idea what in this whole process takes so much money. If trademarks take this much money to defend, you might as well just sue anyone trying to use your name without filing a trademark.

And then lose spetacularly, since you don't own the trademark.

Re: Help the Gnome Foundation Defend the Gnome Trademark Against Groupon

#120

I'm one of the folks working on the GNOME defense campaign. Happy to answer any questions people might have.

Can you also sue them for frivolousness or something like that?

We're exploring many options. :)

I can't say anything about specific plans for legal actions, sorry.

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