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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

#71
post #49

Earlier quoted context omitted.

It's because lawyers are that expensive.

Let's assume they cost $500 an hour, which is probably enough to pay three of them but I have no idea about the price so let's assume it's that. Then $80k / 500 = 160 hours. Does it take 160 hours, or 4 work weeks full-time, to write a letter or fill out some form saying that "hey, we registered this back in 2006, you should reject these applications"?

$500/hr is the price of 1.5 IP lawyers, based on the median hourly rate in Oregon:

https://www.osbar.org/_docs/resources/HourlyRatesSurvey/Inte...

On the other hand, it only affords 1/2 a lawyer if you're talking white shoe partner in SF or NYC.

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

#74
post #47

Earlier quoted context omitted.

Did you read the article? Here are some of the goods and services covered by GNOME's registered mark: - downloadable computer software for creating and managing a computer desktop - downloadable computer software for use as a graphical user interface - technical consulting services in the field of computer software whereas the Groupon product is "a tablet based point of sale operating system for merchants to run thei…

The groupon trademark application (linked elsewhere in the thread) specifically mentions "non-downloadable" before every mention of "software". It does however mention "technical support services" relating to computer software.. is that sufficiently different than consulting services?

I strongly suspect that the totemic use of "non-downloadable" before "software" in the Groupon filings is related to this piece from the article:

> It was almost inconceivable to us that Groupon, with over $2.5 billion in annual revenue, a full legal team and a huge engineering staff would not have heard of the GNOME project, found our trademark registration using a casual search, or even found our website, but we nevertheless got in touch with them and asked them to pick another name. Not only did Groupon refuse, but it has now filed even more trademark applications

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

#75

Earlier quoted context omitted.

Yes, it is a disappointment. And yet, it is the reality. As a result, the GNOME team does still need to pay their lawyers.

This is really disappointing and could be use to harass a company, what stops a malicious group of people do a "copyright ddos" by just forcing a company to pay 80k each time they need to defend it's trademarks?

That's how patent trolls operate. Cheaper for companies to pay their fee than to fight the battle.

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

#76

One of the lead security people at Groupon has a big GNOME sticker on his laptop in a pic on LinkedIn. This tells me that groupon is about to get pooped on.

You should definitely save that pic and a timestamp or something to that effect. Bonus points if you do it in front of a lawyer in the right jurisdiction.

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

#77

One of the lead security people at Groupon has a big GNOME sticker on his laptop in a pic on LinkedIn. This tells me that groupon is about to get pooped on.

You should definitely save that pic and a timestamp or something to that effect. Bonus points if you do it in front of a lawyer in the right jurisdiction.

Already done yesterday while we were getting all this prepared. :)

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

#79
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.

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.

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

#80
post #78

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

Can you guys just rename it to genome to skirt this whole issue please? :)

We have no intention of just giving up, no.
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