GNOME Project Seeks Donations For Trademark Battle With Groupon
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.
If this were ten years ago, I would have donated my first month's paycheck. But ever since GNOME decided "We'll do what we want. We don't care about the users", I care a lot less about GNOME. Now if Groupon had come out with a tablet named XFCE, then maybe...
...called Groupon
Groupon Window System will take the best of windowing system technologies, mix it all up in a big bit bucket, and then start a flamewar followed by a schism. Just like all of the others.
Tubby or not tubby. Fat is the question
Unless Gnome is selling PoS systems, how would this infringe their trademark?
One is a desktop environment. The other is a tablet-based point of sale system. Who's going to confuse the two? "I wanted to install GNOME on my laptop, but instead it's asking me if I want to redeem a coupon."
Is GNOME going to challenge anyone who calls anything a gnome?
I'm not a lawyer, but a POS and a desktop environment don't seem like overlapping categories for Trademark purposes.
Gnome had no problem usurping the KDE term "Activities" as a synonym for "Virtual Desktops" even though KDE had been using the term to mean something else for years:
http://aseigo.blogspot.co.il/2...
The Gnome move is even more confusing than the Groupon move as the new Gnome term _replaces an existing term_ and additionally is also a UI term similar, but not quite exactly, like the KDE term. At least nobody is likely to confuse a Gnome tablet with a Gnome desktop environment.
It is dangerous to be right when the government is wrong.
How would this be infringement? GNOME's trademark lists only the following goods and services:
Downloadable computer software tools and libraries used for the development of other software applications; downloadable computer software development tools; downloadable computer software for creating and managing a computer desktop; downloadable computer software for use as a graphical user interface; downloadable computer software for word processing, database management, and use as a spreadsheet
None of which this tablet system falls under other since this isn't "downloadable computer software". And:
Computer software development; computer software design; computer programming for others; technical consulting services in the field of computer software; licensing of intellectual property
Nor this.
I know this will not be popular of me to say, but this looks like IP trolling.
I don't understand. It seems that there is a clear-cut case for GNOME, that should guarantee victory.
How come in the USA with its huge surplus of lawyers, they aren't some willing to take the case for free, in exchange for a percentage of damages against a publicly traded company like GroupOn? I am surprised that a publicly traded company would take such a risk which could diminish shareholder value.
Or it only scumbags like SCO/Novel which are allowed to sue?
It seems that there is a clear-cut case for GNOME, that should guarantee victory.
In what way is it "clear-cut"? Their trademark registration does not involve goods and services that involve either tablets or PoS systems.
Gnome is certainly a PoS.
How come in the USA with its huge surplus of lawyers, they aren't some willing to take the case for free, in exchange for a percentage of damages against a publicly traded company like GroupOn?
Because, if GNOME prevails, there wouldn't be damages, just the rejection of Groupon's trademark applications.
So.... now they suddenly care about their users.
It may seem clear cut to you, but it does not seem so to me nor several other contributors.
A Trademark does not provide a universal protection for the word, only within a limited, named, commercial field. Sun Oil and Sun Computers co-existed using the name Sun. Gnome has trademarked the word for software and seoftware related services. Groupon's tablet is not software. No overlap.
Consciousness is an illusion caused by an excess of self consciousness.
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.
You could cause a lot of damage to Groupon personally. If their board of directors read your post they might all die laughing.
Their trademark registration does not involve goods and services that involve either tablets or PoS systems.
In what way is a tablet not a computer?
Originally GNU Network Object Model Environment, but I think this has been deemphasized since at least 2.0.
Thought they already changed the name of the desktop environment to MATE
Gnome is a poorly managed charity which has diverted most of its revenue away from its chartered purpose (as listed in its IRS Form 990) to become a SJW cause. According to its 2013 990 report, Gnome had $506,477 in expenses, while having only $201,034 in revenue. It has high administrative costs -- the pay of the executive director was $91,180 plus another $56,111 in compensation from the organization and other outside sources. The amount spent on its biggest event promoting actual free software, GUADEC, comes to $35,770, while the Women's Outreach Program got $265,369. A program that doesn't even require that the software produced by sponsored participants to be related to Gnome. This not what the Gnome Foundation was created for. In fact, Gnome Foundation is just really a public-relations front for Red Hat. If Red Hat is worried about Gnome's foot trademark, then let them fund the lawsuit. Gnome already has retained a former Red Hat IP lawyer for the case.
It looks like GNOME has long outlived its usefulness of working around Qt being under an unsuitable license way back when KDE was the de facto standard DE. With its current contributions of pouring fuel onto the fire of the init system debate and now wanting to fund a pissing match over trademarks, it looks like the project is doing more harm than good.
Groupon still exists.
These comments are my own and do not necessarily reflect the views or opinions of my employer or colleagues...
Soon everything will be a POS - Poettering's Operating System.
Confucius say, "Find worm in apple - bad. Find half a worm - worse."