Preliminary Injunction Against SuSE

Random Walk writes "The German news site Heise Online reports that on behalf of an anonymous client, a lawyer has won a preliminary injunction (German only) against the Linux distributor SuSE. The injunction forbids the delivery of SuSE CDs as long as they contain some program name that apparently violates a registered trademark. No more details available, but SuSE seems to be in negotiations with the other party." Head over to the fish for translation.

Comments

Killustrator again?

[Ed Avis]

Remember the Adobe vs Killustrator case? That was in Germany too. Someone said that it's common practice for legal firms to act 'freelance' and track down supposed violations without the prior approval of the trademark holder. Perhaps this is the same firm even.

Re:Killustrator again?

[HiThere]

How does one find out what names are registered? In every country?

Now, true, KIllustrator was a clear reference, but it was clearly distinguishable, would not cause confusion, didn't run on the same operating system, etc. So a decent lawyer and an honest court would have thrown the case out. But that would have cost a lot of time and money.

Again, possibly the lawyer was at fault, but Adobe didn't say "boo", so I haven't forgiven them, and don't intend to. I no longer recommend Adobe products. Ever. That was before they sic-ed the feds on Dimitry, and I must admit that that was the final touch, but even that first act would have taken quite a while to forgive, just by itself.

Adobe sees that it's big enough to act like a bully. To me this means that I don't want to give them any money or any credit for anything. They are treacherous. Unreliable. And companies that act like that generally fail within a couple of decades (of course there's MS, but Adobe isn't anywhere near that tough, and there are signs that MS is on its way down too).

If you need a graphics program for a Windows or Mac, may I recommend that you look into Deneba Canvas. It's what I use on that side, and I'm quite pleased with it.
.

In English this time (somewhat easier to read)

[uebernewby]

After Samba and kIllustrator, yet another open source program is in trouble. A regional court in Munich granted attorney general v. Gravenreuth a preliminary injunction against German Linux distributor SuSE. Apparently, the reason has to do with one of the open source programs contained in the SuSE distribution. The injunction forbids SuSE to continue distributing their product until the name of this program is changed. This could lead to SuSE suffering a substantial financial loss, as they can no longer sell CD's they've already manufactured.

Attorney general v. Gravenreuth confirmed he was requested to file suit on behalf of a third party, but declined to give further details, at the request of said third party. Christian Eagle, head of public relations at SuSE, stated his company will provide more information at a later date.

ok, so it's not shakespeare, but it's readable at least.

Gravenreuth

[nr1]

I don't know how many of you are aware of this, but this Gravenreuth guy, the attorney, is one of the most hated men in the German IT scene. He has been going to court over cases like these for at least ten years.
I once got a letter from him: Back in the old Amiga days, i posted a classified ad somewhere, since i wanted to sell some of my old hardware. A couple of days later, I got a letter from some girl (including picture), who listed some of her games and wanted to trade.
Back then, I heard of these Gravenreuth tactics, so I just threw it away. Even writing some witty response on the illegality of the proposal would have probably invited some action from the law firm.

Re:Gravenreuth

[Antity]

Much of Gravenreuth's tactics in these days happened in the German magazine "64'er". I think this has also been covered in this magazine itself once. The scheme was more or less the same every time: Some people (kids, in most cases) annonced something in the private ads part of the magazine. A computer game, for example, but not a copy. They were then contacted by some girl by snail-mail, often including a photo (the same photo, but different names for the girl..) who was interested in the ad. She then asked, if one would like to "trade" some other games. If the victim sent back a list of (copied..) games back, he was sued a short time after.

So this "girl" *asked* to trade her copied software and then sued the people who responded in the name of the software company.

Gravenreuth later started to work for companies like Symicron. Symicron claimed to have an older Trademark "Explorer", and Gravenreuth successfully negotiated some sum of money with Microsoft (they did this instead of going to court; hell knows why). The point is that Symicron hasn't proven yet that an actual Symicron product called "Explorer" ever existed. But they, with Gravenreuth as lawyer, continue to sue nearly everybody who uses the name "Explorer" in Germany for computer thingies. Like a tool named "FTP-Explorer" and so on.

They even went to court against Heise (which host the newsticker that this Slashdot story is based on), because they just put one of these tools *named* with something like "Explorer" on their CD for the printed magazine "c't". They threatened to go to _every_ shop that had this issue of the magazine legally to frighten them so sell it.

There are lots of stories about Gravenreuth. Most of the very details are not known because it's always legal affairs and you can easily be sued yourself by Gravenreuth if he claims you wrote something that is not correct or not publically proven.

So, of course this whole posting is just IMHO, AFAIK and AFAIR, and IANAL, and nothing of all this is true anyway.... (I'm living in Germany.)

Gravenreuth

[4im]

This lawyer v. Gravenreuth is quite well known (and hated) in Germany. He's done lots of "Abmahnungen". This means cashing in money for stuff like usage of the term "FTP Explorer" which supposedly violates a Trademark of Symicron (sp?). A case of use of a chipset codename by shops for advertisement is also well-known.

Of course, he only evers goes after smaller fish, but doesn't dare trying the same with bigger companies (unfortunately, or he'd at last get his nose bloody).

I really wonder which name and company this is all about. I'd hate to see SuSE hurt for one of Gravenreuth's usual BS. They definitely need to spend their money on improving their distro, not on laywers (saying this as a long-time SuSE user who is not too convinced of the current 7.3 version).

Human translation

[mvdwege]

Yeah I know, my German is not perfect (I'm Dutch), but those babelfish translations hurt.

Gravenreuth vs. Linux distributor SuSE

After Samba and KIllustrator yet another Open Source program is keeping lawyers busy. Lawyer Guenther Freiherr(1) von Gravenreuth has obtained a preliminary injunction against German Linux distributor SuSE from the Muenchen State Court. The reason seems to be an Open Source program referenced on a SuSE-CD. It appears(2) that Gravenreuth has had the court forbid further shipments of the Neuremberg company's Linux distribution, as long as the contested program's name is used in that. This could lead to substantial losses for SuSE if it can no longer ship the already produced copies.

When asked, Freiherr von Gravenreuth confirmed to have obtained a preliminary injunction against the name(3) of an Open Source program. He declined to name further details because his client would want "to settle with the opposition" and did not want to be named. Christian Egle, press spokesman for SuSE GmbH, declared that his company would make its position known in the coming days.

Notes:

1. Freiherr: a title of minor nobility. Comparable to the English 'Sir'.
2. The original had "Offenbar" which can be translated in a variety of ways. I think that "It appears" is best here.
3. "Kennzeichnung" litteraly means "designation", or "distinguishing aspect". In context, "name" makes sense, but it is not the best translation.

I did have to play a little with the sentence construction, but I think this will make sense.

On a side note: Why does this bloody Windows (I'm at work) insist on raising the focused window? At home (Debian GNU/Linux) I could have left the original article on top and typed in the textbox simultaneously. Now I had to switch constantly. Grrr.

Mart

lawyer: nope, butcould be estoppel

[hawk]

I am a lawyer, but am probably not licensed in your jurisdiction. This is not legal advice, but a statement of general principles. If you apply this to your own situation, you are a moron.

Entrapment is a criminal doctrine, not civil. It applies to the police going too far--convincing someone to commit a crime they otherwise would not (simply asking or offering the crime isn't enough.). THink of Delorean (sp?). The goverment harassed a man with a failing business with repeated opportunities to commit a lucrative time, after repeatedly being told no. They *created* the criminal. This is a far cry from a one time offer.

WHile this doesn't apply, the doctrine of "estoppel" could potentially apply. In a nutshell, this doctrine says, "even though you may be legally correct, your own conduct makes it inequitable for you to be able to make that argument, so you can't."

It would probably be a close call as described above.

hawk, common law lawyer

It's about Krayon again ... Crayon sues, not Adobe

[Anonymous Coward]

From what I've heard from a source close to the action he sues SuSE (no pun intended) in the name of crayon, a company which just distributes some lame graphic sets.

*sigh*

Instead of babelfish, use google translation tools

[FortKnox]

Instead of being the typical automaton and use the fish, try the google language translators.
Why?
Cause you can directly link to the translated page.
Something Altavista doesn't like.

Let me try...

[Decimal]

Huh. How did you get that result?

This is what I was given:

----
In A.D. 2002, war was beginning. What happen? SuSe get signal. Main injunction turn on. It's Gravenreuth! A regional court in Munich say "How are you gentlemen! All SuSe distribution are belong to us. You have no chance to survive make your time." Apparently, somebody set SuSe up the bomb. The injunction forbids SuSE to continue to take off every 'zig' until SuSe knows what they are doing.

Attorney general v. Gravenreuth confirmed he was requested to send SuSe on the way to destruction on behalf of a third party, but declined to give further details. What Suse say! Christian Eagle, head of public relations at SuSe, stated his company will move 'zig' and provide more information at a later date. For great justice.
----

Huh. Maybe I accidentally translated into Japanese first...

Update

[Asic Eng]

Well, here is an update to the story.

Basically: it's about Krayon, which used to be part of the KOffice suite. The program is not actually on the SuSE CD, but there is a leftover entry in the KDE menu, labeled Krayon.

Krayon is supposed to conflict with the "Crayon" trademark, which is held by Seidel Softwareservice .

Gravenreuth the "lawyer" who wrote this Abmahnung stated that he's prepared to settle with SuSE.

It's presumed that SuSE will want to settle, too.