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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

#161
post #143
post #134

Wow, all evidence suggests that the team in charge of this at Groupon is acting in bad faith, trying to bulldoze over a non-profit with fewer financial resources. (I doubt Groupon would ever attempt something like this against a financially-well-backed brand such as, say, "Apple.") Consider: (1) it's essentially impossible that no one involved had ever heard of the Gnome desktop (it's the top result when I search for…

I agree with 2 but not with 1. I think there are loads of people out there who have heard that there is something like Linux, but have never used it. If you never used any *nix you probably don't even know that desktop environments can be switched or changed. Then how would you know about a specific desktop environment? Not accepting to respect a 17 year old trademark is very, very bad though.

What about this guy?[0]

(Stolen from this post: https://news.ycombinator.com/item?id=8589879 )

[0] https://dl.dropboxusercontent.com/s/93i0gkawa4q15lh/2014-11-...

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

#163

Earlier quoted context omitted.

It seems to be based on iOS.

Wait what? They built an 'iOS based operating system'? I don't understand how that would be possible?

Probably just iOS with a full screen app that's started by default and some changes in the default settings.

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

#164
post #24

Earlier quoted context omitted.

Trademarks aren’t universal; they are divided into classifications e.g. market segments. Just because the name is the same, doesn't mean the PTO will think of them as being in the same space.

I always thought that was more theoretical than real. For instance, could I launch an OS called CocaCola? I don't think so...

> For instance, could I launch an OS called CocaCola?

Yes. Edit: so long as you don't use Coca-Cola's design marks

For example, EOS is (1) a model of car (2) a sub-brand of camera (3) an operating system.

Neither Volkswagen nor Canon have shown any interest in smashing the Arista group's use of EOS.

The Gnome / Groupon example is much narrower in market scope but not so close as Phoenix ( BIOS ) versus Phoenix ( database ), which seem to co-exist OK.

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

#165

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> Why that amount of money? Our counsel has advised us that we will need that much to oppose the registration of the first set of 10 trademark applications. > Is that how much the SFLC needs? I assume you're picking the SFLC to represent you, right? We're currently working with pro-bono counsel from an independent attorney. The amount is how much we've been advised that we'll need to successfully defend the trademark…

> The thought is appreciated, but if you're talking about funds donated to GNU Octave, I don't think that'd be appropriate. The funds were donated to the FSF for Octave. However, many of us in Octave use Gnome, so I could see a point in saying that we in Octave need to ensure that Gnome works well for us. Also, we collect the funds in a rather ambiguous language, without any promise of how they will be spent, within…

> The funds were donated to the FSF for Octave. However, many of us in Octave use Gnome, so I could see a point in saying that we in Octave need to ensure that Gnome works well for us. Also, we collect the funds in a rather ambiguous language, without any promise of how they will be spent, within the boundaries of the FSF's 503(c).

I know your intent is good, but reading things like this make me less likely to donate to free software projects without strong management. You should take the intent of the donor into more consideration than what you think is fair use, even if your language is somewhat ambiguous.

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

#166
post #113

Earlier quoted context omitted.

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.

Actually they were business people who have been through this battle before spending in the six figures to defend their marks (along with my brother who is a patent attorney). But yes, you are correct that sending a letter is the first step but if that step is ignored then the next step will cost money...and too much money for a single developers side project!

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

#167
post #42

Earlier quoted context omitted.

If I recall correctly, it's not just virtual terminal switching that you lose but also the ability to shutdown, reboot, suspend and hibernate your PC from the GUI - all of which now require logind - and probably other things like device mounting too. Gnome's also moving those to use Linux-specific kdbus ioctls directly. Oh, and those links are from 6 months ago, I wouldn't be surprised if things have gotten worse sin…

Here is an implementation of the logind API for openbsd: https://uglyman.kremlin.cc/gitweb/gitweb.cgi?p=systembsd.git...

Still incomplete as of this writing, but it'll be based on an OpenBSD-specific bsd_auth API.

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

#168

Earlier quoted context omitted.

Someone has to pay to do the work of determining if GNOME has a valid complaint. Even if the government were to foot the bill, they would still ask GNOME to put their best case forward, which would involve GNOME hiring lawyers.

The government should do it. If they give you the means of registering a trademark, they should at least be able of determining if a claim is valid.

Right because I really want some randomly assigned government bureaucrat making an argument one way or another on my behalf before whoever decides the matter...

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

#169

Earlier quoted context omitted.

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. Besi…

> I didn't see any comments that applied to patents Well, when someone mentioned "fuel innovation", I assume they did not talk about trademarks, because trademarks have NOTHING to do with protecting innovation. That's what patents are for (in theory, while I don't agree with that, but that's a different topic).

You're right: I had overlooked that statement.

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

#170
post #141

Earlier quoted context omitted.

It's a bit more extreme than that; read his summary; https://dl.dropboxusercontent.com/s/93i0gkawa4q15lh/2014-11-... Edit: cannot be the one you meant? He is part of the GNOME foundation...

For those without access to the full LinkedIn page: https://i.imgur.com/ocyqh2N.png GNOME Foundation - January 2002 - Present (12 Years 11 Months)

4 times member of board of directors...

WTF?!

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