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.

Comments

If this were ten years ago, I would have

[Anonymous Coward]

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...

Re:If this were ten years ago, I would have

[Anonymous Coward]

A similar story:

"The Phoenix name was kept until April 14, 2003, when it was changed because of a trademark dispute with the BIOS manufacturer, Phoenix Technologies (which produces a BIOS-based browser called Phoenix FirstWare Connect). The new name, Firebird, met with mixed reactions, particularly as the Firebird database server already carried the name. In response, the Mozilla Foundation stated that the browser should always bear the name Mozilla Firebird to avoid confusion with the database software. Continuing pressure from the Firebird community forced another change,[1] and on February 9, 2004 the project was renamed Mozilla Firefox (or Firefox for short)."

https://en.wikipedia.org/wiki/History_of_Firefox

Just because you don't agree with the desktop environment's choice doesn't mean that they are in the wrong here, or that this wouldn't have lasting implications in the open-source community. Even if you aren't using Gnome-shell, chances are very strong that you are running something requiring GStreamer or GTK 2/3 that comes from the Gnome project. Open-source products have been bullied in the past (see the Firefox example above, or $4/device to Microsoft for their "development" of Android) by well-funded campaigns that seek to ride the coattails of a community-oriented product for their own profit. Dozens of community sites, Gnome-look.org, Worldofgnome.org, etc. and system libraries stand to lose of Groupon presses their trademark.

This is an assault on open-source software, and regardless of what you feel about the direction that Gnome is taking, it the project is still very relevant and this action should not be tolerated. It's okay to debate among the community about the direction of the project, but the community needs to have clear resolve to combat outside threats to its right to exist.

Re:If this were ten years ago, I would have

[Anonymous Coward]

Well if we were being informed on the history of GTK we would know that GTK was developed by The GIMP so they could have a pretty GUI for their nice image manipulation software, then Gnome happend to like that GIMP Tool Kit and used it to create Gnome, but whatever floats your boat.

Re:If this were ten years ago, I would have

[Eunuchswear]

That is exactly not what that message says. He starts:

Important disclaimer: I am now stating the de-facto situation, not the
situation I wish for.

and continues:

GTK 3 at this point really is just the GNOME toolkit. There is absolutely zero
involvement from anyone else.

He's complaining that nobody else helps develop GTK, not saying that GNOME doesn't want other people to use GTK.

Re:If this were ten years ago, I would have

[juanfgs]

No, what they are saying is that they are the major contributors, which is actually true. So GTK is catering more and more to THEIR needs. Of course, this being Slashdot we should force their developers do things that WE like, despite us not contributing a single line of code.

I disagree with many of the design principles of the new gnome, but they are not obligated to focus their resources on a path that they don't want to follow. I don't see anyone giving shit to the people at Englihtenment desktop for writing a toolkit (EFL) that looks foreign on any other desktop environment.

Open source used to be about scratching your own itch, not forcing other people to solve your problems. If XFCE/LXDE likes GTK 3 but not in the way gnome devs want, publish patches to GTK3 allowing their code. If their patches are rejected, then we can really talk of gnome devs being a little dickish, but still the solution in that case is forking.

Then again, is easier to complain on the internet than to actually contribute code.

Re:If this were ten years ago, I would have

[nadaou]

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.

How about a Linux windowing system...

[DiamondGeezer]

...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.

Huh?

[Anonymous Coward]

Unless Gnome is selling PoS systems, how would this infringe their trademark?

Re:Huh?

[jandersen]

Any way, it shouldn't be a problem; they could just use a translation of the word 'Gnome' - for example, in Swedish: Nissan. Problem solved.

Why feed the lawyers?

[Brian Kendig]

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?

Re:Why feed the lawyers?

[Anonymous Coward]

GNOME (the desktop environment) has been used as the point-of-sale operating system on cash registers at Lowe's Home Improvement (https://en.wikipedia.org/wiki/Lowe%27s) since the early 2000's. You can still walk around their stores and see Gnome 1.x with Enlightenment as its window manager on their _cash registers_ in 2014. That alone should be grounds for the GNOME Project's case.

Re:Why feed the lawyers?

[PhilHibbs]

If they called it "Windows", do you think they would last a nanosecond before the orbital lawyers opened fire?

IANL

[jmitchel!jmitchel.co]

I'm not a lawyer, but a POS and a desktop environment don't seem like overlapping categories for Trademark purposes.

Re:IANL

[havana9]

Some peple think that Gnome 3 is a fuming POS and say that Gnome 2 was way better tha the newer versions.

How is their infringment?

[Lunix Nutcase]

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.

Re:How is their infringment?

[Mr. Slippery]

None of which this tablet system falls under other since this isn't "downloadable computer software".

Any software that can be copied and installed over a network is "downloadable".Groupon's hardware product is a case for an iPad and I'll bet you their software is installed on those iPads over a network.

Groupon is applying for trademarks in a broad array of areas, such as "contact management software used to organize and retrieve customer contact information; electronic commerce and transaction application software that allows users to engage in electronic business transactions via a global computer network; printer software for operating printers and printing". GNOME links to the complete list here. It's a genuine problem.

Let lawyers do it free, in exchange for % damages?

[ad454]

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?

Huh?

[Anonymous Coward]

Gnome is certainly a PoS.

Re:Let lawyers do it free, in exchange for % damag

[jratcliffe]

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.

Priorities

[Livius]

So.... now they suddenly care about their users.

Re:Let lawyers do it free, in exchange for % damag

[AlecC]

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.

Trademark breadth

[tepples]

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.

Re:Trademark breadth

[ShadowRangerRIT]

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.

Re:Trademark breadth

[Theaetetus]

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.

Wrong. are numerous registered marks that are "COCA-COLA" that are not from the Coca-Cola company.

Your link doesn't work. And a search on TESS for "coca-cola" as the full mark and "NOT Coca-Cola Company" as the applicant returns one hit, an abandoned application by a pro se "sovereign citizen": "Harvey W. Wiley DBA We The People INDIVIDUAL UNITED STATES 900 Georgia Ave Chattanooga TENNESSEE 37402". Searching for "coca-cola" in the description of the mark with "NOT Coca-Cola Company" as the applicant returns one hit, a design for an author's business card that uses the same red color as Coke: "The color(s) coca-cola red is/are claimed as a feature of the mark. The mark consists of a coca-cola red kneeling fisherman." But it's also abandoned.

Finally, searching for "coca-cola" anywhere in the application, but NOT the Coca-Cola Company as the applicant turns up a pile of applications... from people with addresses at "Coca-cola Plaza" or "Coca-cola Park" in various cities - i.e. tenants in Coke's industrial parks. Is that what you searched for and thought you found?

Re:Trademark breadth

[RavenLrD20k]

...to name one of the few things Coca Cola doesn't stick their name on yet AFAIK...

Couldn't resist.

Re:Trademark breadth

[Blaskowicz]

Quote from the first link : "When it's complete, Gnome will serve as an operating system for merchants to run their entire operation and enable them to create real-time promotions that bring customers into their business when they need them the most."

It's really a top-level, self-contained GUI versus a top level, self-contained GUI.
Both have significant underlying libraries, GUI toolkit probably, built-in apps - Gnome speaks of "Gnome OS" even. (a rough analogy would be like it's Windows 3.1 on top of DOS. Groupon must be using something be it linux, a BSD variant, QNX etc.)

GNOME stands for

[tepples]

Originally GNU Network Object Model Environment, but I think this has been deemphasized since at least 2.0.

Huh? What trademark?

[SEE]

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

Re:Both are a POS

[Hognoxious]

Soon everything will be a POS - Poettering's Operating System.