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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

#31

Post by Cthulhu_ »

skratlo wrote: post #27

I don't get it either. If GNOME (the desktop environment and the foundation) have a trademark on GNOME, why do they need $80k to defend it? Shouldn't the trademark office then simply reject any further application for GNOME name related to computers, software and operating systems? Is this because of the idiotic defunc. justice system the US is imposing on themselves? Where you can sue mall owner for millions because…

IIRC, the rule is that if you don't step up yourself to defend your trademark whenever someone else tries to use it, your trademark becomes void.

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

#32

Post by FooBarWidget »

skratlo wrote: post #27

I don't get it either. If GNOME (the desktop environment and the foundation) have a trademark on GNOME, why do they need $80k to defend it? Shouldn't the trademark office then simply reject any further application for GNOME name related to computers, software and operating systems? Is this because of the idiotic defunc. justice system the US is imposing on themselves? Where you can sue mall owner for millions because…

It's because lawyers are that expensive.

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

#33

Post by riffraff »

kaoD wrote: post #24
clarkevans wrote: post #10

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...

It seems very much real.

Someone once wrote me menacing to sue me because of my nickname which was infringing on some of their "IP" (I kid you not).

I did a quick check and it turns out there is a half dozen brands named something like "riffraff".

For the gnome case, just to stay in topic: http://tmsearch.uspto.gov/bin/showfield?f=toc&state=4809%3Ao...

"GNOME: hosting software for use by others for accessing weather information, for use in monitoring and controlling irrigation systems"

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

#34

Post by vidarh »

psykovsky wrote: post #28
kaoD wrote: post #24

Earlier quoted context omitted.

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

Google launched one called KitKat, so I don't see why not. ;)

Google did it with the willing cooperation of the trademark holder [1], who clearly saw it as good marketing.

[1] http://www.bbc.co.uk/news/technology-23926938

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

#35

Post by skratlo »

Cthulhu_ wrote: post #31
skratlo wrote: post #27

I don't get it either. If GNOME (the desktop environment and the foundation) have a trademark on GNOME, why do they need $80k to defend it? Shouldn't the trademark office then simply reject any further application for GNOME name related to computers, software and operating systems? Is this because of the idiotic defunc. justice system the US is imposing on themselves? Where you can sue mall owner for millions because…

IIRC, the rule is that if you don't step up yourself to defend your trademark whenever someone else tries to use it, your trademark becomes void.

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.

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

#36

Post by moron4hire »

jessaustin wrote: post #15

I had thought Groupon's core competence is scamming small businesses, not providing POS terminals for them? Do those two things go together?

You should check out the POS market sometime. They've been scamming small businesses for several decades.

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

#37

Post by steventhedev »

IANAL, but legal protection for trademarks extends to any usage wherein it would create sufficient consumer confusion.

Great example: Apple v. Apple. The computer company agreed to not enter the music industry. To the extent of which they got sued when they added a sound card and multimedia features to their computers. They settled for a boatload of money rather than let a judge decide that they couldn't add any sound/media features.

The bigger issue is that the GNOME foundation lawyers are attempting to deal with these competing registrations individually, rather than as a class, and trying to convince a judge that Groupon is acting in bad faith and attempting to use the legal system to force them to abandon the trademark in the face of excessive legal fees.

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

#38

Post by Shivetya »

jessaustin wrote: post #15

I had thought Groupon's core competence is scamming small businesses, not providing POS terminals for them? Do those two things go together?

when your business model is easily replicated and done better I guess its only natural to extend it or simply move onto something else and integrate it to your current product.

Does seem like one big privacy risk, really I do not think I want my POS terminals connected to the net for any reason.

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

#39

Post by lucb1e »

In laymans terms, can someone explain why does it costs 80 grand to protect something you registered to be legally yours 8 years ago? If they registered the GNOME trademark in 2006, isn't that supposed to protect them from this kind of shit instead of cost them more money when some big guy comes along and tries to take it?
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