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SCO Playing Name Games
Ghost in the Shell Game writes "We've long known that SCO has had a twisted view of UNIX history, sometimes pretending to be oldSCO when it suits them, and a separate business entity when it does not. However, according to this piece on Groklaw, they're now registering the UNIX System Laboratories trademark in what looks like an attempt to confuse history further. If you're wondering how they can do this, the USL trademark was abandoned in 1993, when USL was bought out by Novell. Hopefully, no one will be fooled by this name game, any more than we were when the spyware maker Gator changed their name to Claria."
http://www.uspto.gov/web/offices/tac/doc/basic/app content.htm#basis
Cheers!
Erick
http://www.busyweather.com/
If the author had read the entire Groklaw article, toward the bottom she says:
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UPDATE: I missed something. This next one was registered in 1993 and cancelled in 2000. Here it is:
Owner - (REGISTRANT) UNIX SYSTEM LABORATORIES, INC. CORPORATION DELAWARE 190 River Road Summit NEW JERSEY 07901
So it wasn't abandoned in 1993, it expired perhaps in 2000. Big difference.
Tequila: It's not just for breakfast anymore!
The application should include your "basis" for filing. Most U.S. applicants base their application on their current use of the mark in commerce, or their intent to use their mark in commerce in the future.
What is "use in commerce"?
For the purpose of obtaining federal registration, "commerce" means all commerce that the U.S. Congress may lawfully regulate; for example, interstate commerce or commerce between the U.S. and another country. "Use in commerce" must be a bona fide use of the mark in the ordinary course of trade, and not use simply made to reserve rights in the mark. Generally, acceptable use is as follows:
For goods: the mark must appear on the goods, the container for the goods, or displays associated with the goods, and the goods must be sold or transported in commerce.
For services: the mark must be used or displayed in the sale or advertising of the services, and the services must be rendered in commerce.
If you have already started using the mark in commerce, you may file based on that use. A "use" based application must include a sworn statement (usually in the form of a declaration) that the mark is in use in commerce, listing the date of first use of the mark anywhere and the date of first use of the mark in commerce. A properly worded declaration is included in the USPTO standard application form. The applicant or a person authorized to sign on behalf of the applicant must sign the statement. The application should include a specimen showing use of the mark in commerce.
What is "intent to use"?
If you have not yet used the mark, but plan to do so in the future, you may file based on a good faith or bona fide intention to use the mark in commerce. You do not have to use the mark before you file your application.
An "intent to use" application must include a sworn statement (usually in the form of a declaration) that you have a bona fide intention to use the mark in commerce. A properly worded declaration is included in the USPTO standard application form. The applicant or a person authorized to sign on behalf of the applicant must sign the statement.
http://www.busyweather.com/
An astute poster has noticed SCO cannot use UNIX System Laboratories without the expressed consent of the Open Group. Apparently it has not yet received such permission. Shot down in about a day, what a resource!
If you're trying to understand why a stock is moving you must look at both the price *and* the volume. Like many small cap stocks SCOX trades in low volume and the price can fluctuate without a great deal of significance.
When hard news affecting the stock emerges you usually see higher volume trading and the price hardens. SCOX had held on to a $5 support level for some time but has now fallen to the next support level, $4. Someone, somewhere, is happy to buy SCOX at $4 but no more.
It gave his computers instant respectability with those who remembered the old Packard Bell and it didn't hurt that the name also sounded like a cross between Hewlett Packard and Bell Telephone.
Yes, and if I recall, Packard Bell then proceeded to make some of the worst, crappiest computers known to man.
There won't be anything left of SCO in the end. In fact, are they even in the software business anymore? Do they even sell software? Do they innovate? Do they have people on their payroll who don't file lawsuits? One might question whether or not some other law firm named SCO could sue for trademark violation as SCO doesn't seem to do anything but litigate nowadays.
SCOX is in violation of their licensing agreement with open group. I'm guessing they will lose this one and may even lose the right to UNIXWARE.
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From sectiopn 4.1 of the agreement:
4.1 Combination of Trademarks in Product Names
Licensees may combine the UNIX Trademark with their own trademarks as a product name, provided they seek prior approval by submitting the proposed combination including a sketch of the proposed use. If approporate, to X/Open Company. X/Open Company may ask to review a proof of the final artwork.
Licensees may use the UNIX Trademark as part of the proper name of a product.
The License specifically prohibits Licensees of any Trademarks from registering with the relevant trademark authorities specific forms of the Trademarks including Trademarks used in combination.
From a post by Quartermaster on Groklaw.
All their ancient Unices are already public domain.
In practice, yes. In legal theory, no.
USL claimed copyright on the files, although the court indicated they'd be found invalid before the settlement was made. But without an actual ruling to that extent, one shouldn't assume so, given the nature of copyright law.
Caldera open-sourced them later. Which is a decision made on the premise of them actually owning copyright. (it's always worth repeating public domain = without any copyright, open source=copyrighted with a liberal license. Not the same thing at all.)
But there is no reason to sue for infringement, because that'd likely mean the copyrights would be found invalid. And even if not, given that the ancient unices have been released as open-source and have no commercial value, the damages would probably be lower than the attorneys' fees.
So for every practical purpose, it's public domain. But not on paper.
"'SCO OpenServer is the most popular UNIX operating system for the Intel/AMD platform ...,' said Jeff Hunsaker, Senior Vice President and General Manager, SCO UNIX Division."
FUCKING LIAR... JEFF HUNSAKER IS A MARKETING BULLSHITTER.
Huh?
Philip Morris has been held in a holding company since 1985. PM is still a company.
All they did was changed the name of their holding company, which owns things much larger then just the PM tobacco company.
TV ads from Avis rental car ads, Century 21, or Howard Johnson do not say Cendant at the end, do they? Do you find this deceptive as well?
oh no you dont, Darl
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From 4.1 Combination of Trademarks in Product Names
"Licensees may combine the UNIX Trademark with their own trademarks as a product name, provided they seek prior approval by submitting the proposed combination including a sketch of the proposed use. If approporate, to X/Open Company. X/Open Company may ask to review a proof of the final artwork."
"Licensees may use the UNIX Trademark as part of the proper name of a product."
"The License specifically prohibits Licensees of any Trademarks from registering with the relevant trademark authorities specific forms of the Trademarks including Trademarks used in combination."
You've never heard of the Death Tobacco Company?