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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:
....
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!