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SCO Playing Name Games

Posted by ryuzaki0 on from the they're-so-good-at-it dept.

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."

23 of 210 comments (clear)

  1. Obsolete names for sale! by Danborg · · Score: 5, Funny

    I should register "Osbourne Computer" or "Altair" or something equally cool, geeky and dead.

    1. Re:Obsolete names for sale! by artemis67 · · Score: 5, Funny

      I think "Wang" would be a more appropriate name for them.

    2. Re:Obsolete names for sale! by erick99 · · Score: 5, Informative
      Here is the actual excerpt.... BASIS FOR FILING

      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/
    3. Re:Obsolete names for sale! by Anonymous Coward · · Score: 5, Funny

      Heh, I remember back in the late 70s-early 80s Wang was having a contest for user comments for their wordprocessor that could be put on a T-shirt. Winner would receive a new Wang wordprocessor.

      I entered:

      I write with my Wang!

      For some reason, I didn't win.

      --ern

  2. You can't sue us, IBM... by Anonymous Coward · · Score: 5, Funny

    ... Your lawsuit is against SCO. But we're UNIX System Labratories.

    1. Re:You can't sue us, IBM... by Anonymous Coward · · Score: 5, Funny

      ... and that licensing fee you paid SCO doesn't cover *OUR* intellectual property, either!

  3. Name game by ViolentGreen · · Score: 4, Insightful

    I think the name game is more closely related to the original Napster vs the current Napster then the Claria/Gator bs.

    --
    Not everything is analogous to cars. Car analogies rarely work.
  4. cigs? by mutewinter · · Score: 4, Interesting

    How about Philip Morris changing its name to Altria, and then running "cigs are bad" ads using the name Philip Morris?

  5. It's so obvious... by halivar · · Score: 4, Interesting

    It's a blatant attempt to prepare for reopening the BSD settlement. Just before their IBM/Novel souts fold, they will announce ownership of BSD and all BSD-related code (TCP/IP stack, anyone?).

    Won't matter, though; stock has lost its $5 support, and it's only a matter of time before the shutters close on them.

    1. Re:It's so obvious... by Maestro4k · · Score: 4, Interesting
      • It's a blatant attempt to prepare for reopening the BSD settlement. Just before their IBM/Novel souts fold, they will announce ownership of BSD and all BSD-related code (TCP/IP stack, anyone?).
      Sadly while in more sane times your statement would sound more like paranoia I'm afraid that you're probably dead on the money. They seem quite intent on claiming ownership to anything and everything they can and litigating it to death.
      • Won't matter, though; stock has lost its $5 support, and it's only a matter of time before the shutters close on them.
      Cringely predicted that SCO would collapse mid-year saying that this whole mess has been nothing but a scam to prop up the stock prices up. Unfortunately he predicts that we'll see more of this type of thing in the future. I suspect he's also correct.
    2. Re:It's so obvious... by n4vu · · Score: 4, Insightful

      Remember that not all stock buying is in anticipation of the stock going up; particularly in this case, it can just be buying to cover short positions.

  6. Don't be so sad! by The-Bus · · Score: 4, Funny

    Hey, this is not bad news at all... Unix System Laboratories is just an anagram for Tux Sorority Amiableness. So now it's both Linux friendly, but more importantly, friendly to friendly Linux co-eds!

    Well, that and Examinable? It's Sorry! Oust!

    --

    Small potatoes make the steak look bigger.

    1. Re:Don't be so sad! by MarkGriz · · Score: 4, Funny

      There's gotta be a way to fit the word labia in there, as we know those SCO bastards are all pussies.

      Sorry to Tux, labia nemesis

      --
      Beauty is in the eye of the beerholder.
  7. CORRECTION by Pharmboy · · Score: 4, Informative

    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!
  8. I'm thinking... by The+Ultimate+Fartkno · · Score: 4, Funny

    ...that they should just change their name to "The Mos Eisley Group."

    'Cause you know, wretched hive and all that...

  9. Oblig. Monty Python by Anonymous Coward · · Score: 5, Funny

    ...For we are no longer the nights who say, "Ni!"
    We are now the nights who say, "Iki iki iki p'tang ZOOP boing"!

  10. Re:SCO SCO SCOX.. by Lispy · · Score: 4, Interesting

    As Nassim Taleb points out in his great book "Fooled by radnomness" most of shortterm market movement is nothing but noise. Dont make the mistake and take it serioulsy.

  11. Groklaw to the rescue...again by y2imm · · Score: 5, Informative

    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!

  12. this kills me by ch-chuck · · Score: 5, Interesting

    Here SCO attacks open source as dangerously liable to include proprietary code, yet here they are with just about every new improvement to their product IS an open source project! Lets see, it now comes with:

    * Mozilla Web browser 1.6 adds new features including tabbed browsing, pop-up blocking, and PDF support
    * Squid Web Proxy Cache 2.5STABLE5 with expanded authentication schemes, optimizes searching, SSL gatewaying, and more
    * Perl 5.8.4
    * Apache HTTP Server 1.3.31
    * OpenSSH 3.8p1
    * BIND 8.4.4

    --
    try { do() || do_not(); } catch (JediException err) { yoda(err); }
  13. Packard Bell. by Jaywalk · · Score: 4, Interesting
    Packard Bell did this. The original Packard Bell made television sets back in the 50s. When a computer entrepreneur wanted to start up in the mid-70s, he bought the name. 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.

    I suspect SCO (originally Caldera) wants to find a new name since they've destroyed any vestiges of goodwill attached to the name SCO. They'll probably wait until after the lawsuits, quietly change names and then seek a buyer for whatever is left of their business. They might even bring in new management chosen especially for their ability to convincingly express dismay with the sins of their predecessors.

    --
    ===== Murphy's Law is recursive. =====
  14. On a Night Like This... by DumbSwede · · Score: 4, Funny
    How could you get
    "Iki iki iki p'tang ZOOP boing"! right (I'm guessing it's right)
    and misspell Knights as nights?

    Did you cut and paste this from somehwere (if so where?)
    Or did you do it from memory?

    --
    Letter To Iran
  15. What About The Open Group? by Onimaru · · Score: 4, Interesting

    From The Open Group's Website:

    SCO is licensed to use the registered trademark UNIX "on and in connection" with their products that have been certified by The Open Group, as are all other licensees.
    These are the ONLY circumstances in which a licensee may use the trademark UNIX on and in connection with it's products.

    This seems like a pretty blatant abuse of a trademark owned by someone else. I'm guessing that if they ever made good on their "intent to use" this designation they would be served by TOG in about 15 minutes, backed by the $5 PayPal donations of every geek on the planet Earth.

    --
    adam b.
  16. Corporate name-changes by Pendersempai · · Score: 4, Interesting

    Is there any reason at all to allow corporations to change their names?

    We have a whole body of law -- trademark law -- to prevent companies from confusing customers by imitating other companies. Why do we allow them to confuse customers by pretending not to be themselves?

    In recent memory, I can think of this one, the Gator to Claria switch, and Phillip Morris to Altria Group switch. Every one of them is a blatant attempt to shed bad PR and start fresh. But they EARNED the bad PR! Why can they legally drop a PR debt more easily than they can drop a financial debt?

    At the very least, why doesn't the FTC review all name changes and reject ones that appear to be motivated by negative PR?