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GNOME Project Seeks Donations For Trademark Battle With Groupon

Posted by timothy on from the how-similar-how-confusing? dept.

Drinking Bleach writes Groupon has released a tablet-based point of sale system called Gnome, despite the well-known desktop environment's existence and trademark status. This is also not without Groupon's internal knowledge of the GNOME project; they were contacted about the infringement and flatly refused to change the name of their own product, in addition to filing many new trademark applications for theirs. The GNOME project is seeking donations to help them in a legal battle against these trademark applications, and to get Groupon to stop using their name. They are seeking at least $80,000 to challenge a first set of ten trademark applications from Groupon, out of 28 applications that have been filed.

4 of 268 comments (clear)

  1. Trademark breadth by tepples · · Score: 4, Insightful

    Trademarks are usually valid within a specific field of use. But the more famous the mark becomes, the broader the judge will construe exclusivity. For example, something like "COCA-COLA" is so famous that Coke's lawyers will have no trouble making a prima facie case for dilution if the mark is used for any other product. Mozilla had to rename Firebird to Firefox even though database software and web browser software aren't exactly the same field. But whether the "GNOME" mark applies to useful computer software in general or to GUI frameworks in particular is for a judge to decide after the GNOME project's counsel presents its case.

    1. Re:Trademark breadth by ShadowRangerRIT · · Score: 5, Insightful

      How does that make sense? The risk of brand theft is higher with a more widely recognized product. If I introduce Coca Cola branded headphones (to name one of the few things Coca Cola doesn't stick their name on yet AFAIK), my sales would be boosted by the brand name association Coca Cola built, not the merits of my product. That's why trademark protections exist; to avoid borrowing/stealing/damaging (if the product sucks) other companies' reputations unfairly.

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  2. Huh? What trademark? by SEE · · Score: 4, Insightful

    Thought they already changed the name of the desktop environment to MATE

  3. Re:If this were ten years ago, I would have by nadaou · · Score: 5, Insightful

    Hear hear. If one of the biggest and best known names in the FOSS world can't defend themselves from something so blatant it just encourages other big corporations from abusing smaller groups.

    Red hat, we're looking at you to step up here.

    The Systemd and GNOME3 toxic manouvers are irrelevant.

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    ~.~
    I'm a peripheral visionary.