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Even if 'window' was used in GUI terminology pre-MS, unless a company specifically named their windowing system "Windows" prior to MS, the trademark claim is still valid. Instead, "window" was used to describe one aspect of the GUI, rather than the entire GUI system or the whole OS. Here's an example: the Linux trademark fiasco. Because "Linux" had already been the name of the OS/Kernel for years prior to the guy from NJ trademarking it. This is what proved his claim fraudulent. If you can find a pre-MS GUI product named "Windows", then someone can take MS to court over it.

Anyways, the article itself didn't say anything about trademark. as long as MS doesn't claim "Open Source", they're in the clear. "open source" as a phrase is not trademarked. They may be stupid often enough, but they know well enough that use of a trademarked term will have to go hand-in-hand with complying to the terms of use of said trademark.

IANAL. I am not infallible. I admit that I could be wrong about this. Corrections (with evidence, counterevidence, etc.) Welcome.

I'm glad to see a company listening to the masses, although I was surprised to them give up so easily. I checked the US Patent Office's database and Theos Software filed for the trademark on the word 'THEOS' way back in 1987, and given that recent ruling on the umbro.com name dispute, they probably would have had a solid legal case to take that domain name.

He doesn't. Go to www.uspto.gov and search for it. You will find that it has been applied for (NOT granted) by Software in the Public Interest (SPI). Additionally, you'll note a company called Open Source Solutions with a similar REGISTERED trademark that is likely to dispute SPI's claim to "Open Source".

So "Open Source" is not yet a registered trademark or certification mark at all, much less owned by the Open Source Initiative (OSI) or Eric Raymond.

Of coure there is still the dispute between SPI and the OSI. I am very disappointed in SPI's failure to say anything further on this. They soliticed input from the free software community with a deadline of 12/31. However, no decision was ever put out and the community feedback was never published as they claimed it would be. I emailed them about it in late January and they said they were running a bit behind. More than a bit I would guess.

I have a friend who just lost his trademark because he didn't do a USPTO search, and is regretting it. This time around, we searched pretty damn thoroughly.

Record for the mark "Open Source":

Record for the trademark "Open Source"

Status of the mark "Open Source":

Thank you for your request. Here are the latest results.

If you require additional information about the application status, contact the Trademark Assistance Center (703) 308-9000 (M-F 8:30 a.m. to 5:00 p.m. EST). You could also contact SOPHIA S. KIM, Trademark Examining Attorney. Click here to find out the examiner's phone number.

Serial Number: 75439502

Registration Number: (NOT AVAILABLE)

Trademark (words only): OPEN SOURCE

Current Status: A non-final action has been mailed. This is a letter from the examining attorney requesting additional information and/or making an initial refusal. However, no final determination as to the registrability of the mark has been made.

Date of Status: SEP 17,1998

In my opinion, if trademarks belong in the DNS at all, it's within the domains of those government agencies registering them in the first place. Thus, the U.S. PTO could set up TM.USPTO.GOV as a placeholder for all trademarks registered there, and it would be up to them to devise a naming scheme that would allow every registered trademark to map to a valid and unique subdomain name. I wish them good luck with pictorial trademarks.

As for non-registered trademarks, establishing a registry in the form of a domain name (whether TLD or any other domain) kind of contradicts the idea of allowing non-registered trademarks in the first place.

We don't have to wait for the WIPO or any court to rule that the DNS should accomodate their view on trademarks before we set up a new system. In fact, we are well-advised to make preparations in advance, setting up an organization, devising new rules, and decide how to make an emergency transition in case a legal warhead happens to hit the present InterNIC. I suppose you don't need government authorization to join others in building a bomb shelter or stockpiling canned food?

Don't repeat AlterNIC's mistake however, that of polluting the existing namespace in order to seize control of InterNIC's web address (according to what I've heard, the guy behind AlterNIC ended up in jail for that, thanks to the InterNIC having high-ranking friends not wanting to see the integrity of .MIL being corrupted in that or any other way).

If anybody wants to test an alternate domain hierarchy, keep it well away from the current one. That goes for intellectual property lawyers too.

In my opinion, if trademarks belong in the DNS at all, it's within the domains of those government agencies registering them in the first place. Thus, the U.S. PTO could set up TM.USPTO.GOV as a placeholder for all trademarks registered there, and it would be up to them to devise a naming scheme that would allow every registered trademark to map to a valid and unique subdomain name. I wish them good luck with pictorial trademarks.

As for non-registered trademarks, establishing a registry in the form of a domain name (whether TLD or any other domain) kind of contradicts the idea of allowing non-registered trademarks in the first place.

We don't have to wait for the WIPO or any court to rule that the DNS should accomodate their view on trademarks before we set up a new system. In fact, we are well-advised to make preparations in advance, setting up an organization, devising new rules, and decide how to make an emergency transition in case a legal warhead happens to hit the present InterNIC. I suppose you don't need government authorization to join others in building a bomb shelter or stockpiling canned food?

Don't repeat AlterNIC's mistake however, that of polluting the existing namespace in order to seize control of InterNIC's web address (according to what I've heard, the guy behind AlterNIC ended up in jail for that, thanks to the InterNIC having high-ranking friends not wanting to see the integrity of .MIL being corrupted in that or any other way).

If anybody wants to test an alternate domain hierarchy, keep it well away from the current one. That goes for intellectual property lawyers too.

According to Mondial's complaint, the company acquired 1985 trademarks for the terms "Earth" and "Earth Shoe."

Earth Shoe
Earth
US PATENT AND TRADEMARK OFFICE

According to Mondial's complaint, the company acquired 1985 trademarks for the terms "Earth" and "Earth Shoe."

Earth Shoe
Earth
US PATENT AND TRADEMARK OFFICE

According to Mondial's complaint, the company acquired 1985 trademarks for the terms "Earth" and "Earth Shoe."

Earth Shoe
Earth
US PATENT AND TRADEMARK OFFICE

This does sound like a patent on Baloney Sandwiches, doesn't it? What they actually patented was a "business model" of transacting a download in exchange for an online transfer of money. I'm no patent lawyer, but I thought that business models were outside the scope of patents.

If anybody feels like researching it a little bit (I'm afraid I just don't have the time this week), there's plenty of info on The US Patent and Trademark Office.

And nobody can make a baloney sandwich with out licensing patent number 3,14159,666 from Microsoft.

Vince

Has anyone actually looked this up on the USPTO web page? I just did, and here are the search results.

It turns out that there are only 2 Veronica trademarks that have been registered numbers 1564500 and 1966658. Looking further, 1966658 is a trademark for the logo associated with the Veronica character, while 1564500 is for a typed drawing. These facts alone should be enough for NSI to laugh this one off (given of course that they've had their windectomy*). Because of this, there should never be any trademark infringement of domain names as common words can't be trademarked.

Does anyone else see it this way?

* For those who don't know, a windectomy is where a window is inserted into the abdomen so one can see where they're going with their head up their ass.

According to the U.S. Patent and Trademark Office's nifty online database, some of AOL's registered trademarks are: My Place, Buddy List, FullDisclosure, My Home Page, E-VIL, You've Got Mail, "the spoken words 'you've got mail,'" You Have Mail, and (my favorite) War Dialer. -jon