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SSC Trademark Threats vs LinuxGazette.net
Zelligar writes "You may want to check into the brewing trademark issues between SSC/linuxgazette.com and the linuxgazette.net people - linuxgazette is a volunteer gazette, hosted by SSC for a while, and now SSC is taking it over - and threatening trademark litigation to boot!
Here is one story and another on the subject."
Don't worry. SCO will sue SSC out of business. For one thing, it is involved with Linux. For another, it sounds too much like SCO anyway (both in name and action)
There can only be ONE company that files frivolous lawsuits about Linux!!!!
They are required by law to proactively defend their trademark or they lose the protection. This story brings me to conclude that it must be a slow news day.
Black and grey are both shades of white.
Here is the executive summary:
linuxgazette.com changed the way their site works by using a content management system. Some frequent contributors decided they didn't like it so they registered linuxgazette.net and copied the logos and name to the new site. linuxgazette.com said that as long as that is the case they will not allow links to that site from theirs.
This is a silly total non-issue.
Correct me if I'm wrong:
.. what if SCO started using something like "L1nux" for their new OS eh? :P
Summary:
1. Things changed at linuxgazette.com
2. Some contributers didn't like it (neither do I), and started their own site.
3. They were bright enough to use linuxgazette.net (of all places) for their new site. (even stealing the logo design)
4. linuxgazette.com doesn't like it, and tells linuxgazette.net to start their own site if they want, but not with the linuxgazette name.
5. linuxgazette.net doesn't agree, and the threats start to fly
(6. Profit?)
All very reasonable if you ask me
The path I walk alone is endlessly long.
30 minutes by bike, 15 by bus.
Apparently a group of volunteers has decided to fork the Linux Gazzette website and didn't bother to change the name of it. This doesn't sound like a big draconian company taking over a volunteer publication and beginning to sue everyone in site. It's more of a proper use of trademark law to me.
Who owns the trademark?
Is it a valid trademark?
If the volunteer organization used the name linuxgazette before it was registered by SSC, it is likely not a valid trademark.
I love to see litigation happy companies lose and come out behind.
The Word Wresting Federation against the World Wildlife Fund was fun.
See http://linuxgazette.net/ for the traditional Linux Gazette. Ah, feel at home? Good.
http://linuxgazette.net/issue96/reborn.html is part of their side of the story.
Personally, I think the CMS site sucks and goes against the spirit of what Linux Gazette has been for years.
Anything is possible given time and money.
But what if it was not a copycat site but a site made by some of the people who who ran the first site?
This is about a volunteer project, and the projecst has split. Who is to say which of the two groups can keep the name and which cannot?
Sebastian
> linuxgazette.com was first, and linuxgazzete.net is a ripoff of the .com
Of course the website "linuxgazette.com" existed before; but now many (most? all?) of the volunteers who ran this project (and who see themselves as "Linux Gazette" have created a new site, since the old one is no longer under their control. The company who once offered to host it now claims to own it. Read the linuxgazette.net side of the story at http://linuxgazette.net/issue96/reborn.html
Quote:
"SSC, the company who had been hosting - and, to some degree, supporting - our efforts since shortly after the inception of the Gazette has decided that it somehow belongs to them, to change, adapt - or to destroy - at their pleasure."
> The law. That's how it works, braniac.
But how do you know that the company is the rightful owner of the trademark and can do what it wants with it, without knowing about the agreements SSC had whith the linuxgazette people?
As posted below, more info is found here : http://lwn.net/Articles/58065/
:
.net folks for continuing to use the name.
A lot of people aren't reading the links - here is a summary (again)
Linuxgazette.com - originally founded by a group of volunteers.
SSC offered to host them, whee - works great.
SSC took over editing at some point
SSC changed the entire look/feel of the site, trashed the articles at will, and basically started locking out the original founders.
the founders took their content to linuxgazette.net
SSC, in the form of linuxgazette.com, is unhappy with the
IMHO - SSC should be ashamed for its bullying tactics. They should change the name of linuxgazette.com to something else, and give it back to the founders.
The first link on the main article are the SSC guys' comments on this, and the second link is the linuxgazette founders (.net) replies to his comments.
:
.com folks WILL DELETE any posting with the linuxgazette.net address in it. The censor stuff as they see fit.
Here is a link to the linuxgazette.net with their side of the story
Linux Gazette, Reborn
Here are two links to the linuxgazette.com forums - lots of discussion in here from both sides. Be warned that the
Forum: Anyone prefer the old site?
Forum: New Site!
Note that if you browse around the forums, a lot of things are broken. To view the forums in expanded format, most recent postings at the top, add &mode=2 to the URL. For example:
http://www.linuxgazette.com/node/view/104&mode =2
Is this the case I am reading about?
It seems that the heart of the creative effort was at first merely hosted by SSC. But then SSC made contributions of its own. Does making contributions constitute ownership? If so, what portion of ownership is warranted? Even if they can own "part" of the trademark, how can they justify an assertion of wholely owning something they did not create from the beginning?
Clearly there is more than meets the eye, but I feel there is essentially a common clash between commercial desires and those of serving a community. This is commonly mirrored by many things such as the community internet being overtaken by commercial interests at every turn.
I do not wish to "take sides" but I think it is important to note that since the presence of the Amish in Pennsylvania has helped to maintain the level of tourist income, I think it would be appropriate to hang signs advertising other business activities on all "public faces" of the Amish community. The Amish, after all, owe a good part of their success to their popularity as a tourist attraction. It is only fair that they "give back" by permitting advertisers to hand huge signs from the backs and sides of their carts, wagons, horses and barns. We do not feel that a sign reading, "This barn raised, in part, by Rice-a-Roni(tm) the San Francisco Treat!(tm)" would be at all out of place or out of the question.
SSC never owned the LG, and they have been removing at least one copyright. Essentially they were providing hosting. I would compare this to something being hosted on sourceforge.net, and then when you tell sf that you are moving away because you don't like something which conflicts with your ideas about the project, sf registers a trademark and becomes a legal jerk.
I seriously doubt the above (sourceforge) group would do that, but it appears to have happened with SSC.
What SSC has is a *application* for a trademark, and no doubt this will be a disputed application. I suggest that the linuxgazette.NET people write the PTO and explain their side of the story before the trademark publishes... although, they probably have several months to do so. Trademarks take quite a bit of time. SSC's attempt to do a last-minute trademark file and then sue is not only mean spirited, but stupid.o c&state=h prn5r.2.1
http://tess2.uspto.gov/bin/showfield?f=d
Word Mark LINUX GAZETTE
Goods and Services IC 041. US 100 101 107. G & S: Publication of Journal. FIRST USE: 19950701. FIRST USE IN COMMERCE: 19960801
Mark Drawing Code (1) TYPED DRAWING
Serial Number 78319880
Filing Date October 28, 2003
Current Filing Basis 1A
Original Filing Basis 1A
Owner (APPLICANT) Specialized Systems Consultants, Inc. CORPORATION 2208 NW Market St Suite 407 Seattle WASHINGTON 98107
Type of Mark SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE
I too am sick of the greed happening here. Fact: Linux Gazette was started by people other than SSC. SSC later hosted it. That doesn't mean they own it, doesn't mean they own the name. If SSC can show some legal documents saying otherwise, please show them. But I doubt they have such. Unfortunatly, some overly trusting person permitted SSC to register and own the linuxgazette.com domain name. Given the likely lack of other documentary evidence, that may count for something if this actually goes to court. Hopefully the fact that Linux Gazette existed prior to SSC's involvement will count for more.
Another comment mentioned problems with their LJ subscription. I have subscribed since LJ was a thin little staple-bound magazine. I renewed my subscription yet again, a while ago, but the magazines stopped coming and I started getting bills. My AMEX card had been charged. So I figured no big deal, write email. I got a canned response stating that my payment had not been received. Responded that no, my card was charged, such and such date. No response. So I wrote a paper letter to their "customer service" address, with a copy of the AMEX statement and charge circled. No response. Sent another copy. No response. No magazines. Finally disputed it with AMEX, but too much time had passed.
Final resort: looked up SSC's corporate records, sent a certified letter to their registered legal address, with copy of prior letter/statement copy, and said please either send my money back, or I will sue you. That got a a nearly INSTANT response, and a phone call. But no apology, just a request to discuss "this issue." They restarted my subscription.
Given the poor customer service, the direction LJ has taken, and the behavior of SSC in this Linux Gazette issue, I won't be renewing my subscription either.
Larry