NetBSD Trademark Application Completed 177
Daniel de Kok writes "The NetBSD Foundation is proud to announce that it has registered the ``NetBSD®'' trademark. The foundation would like to thank Jay Michaelson (Wasabi Systems) for filing the application and providing answers to the US Patent Office, and Carl Oppedahl (Oppedahl & Larson) for giving advice and keeping the Foundation informed about the process. An official policy on the use of the NetBSD® trademark is currently being drafted and will be made public soon."
trivial? (Score:2, Interesting)
Looking at the application:
Filing Date: 2000-09-12
That must have cost a fortune in lawyer fees. But then, if this is what it takes to further improve their already great product (I run it on my IPAQ!), more power to them.
Re:trivial? (Score:5, Informative)
IANAL but I have a few trademarks.
Patents... OTOH cost 10x more to start with, and considerably more after that if you try to defend them.
So a registered trademark is a good investment for a small company that fears competition.
I don't see the immediate benefit to NetBSD, however.
Re:trivial? (Score:5, Insightful)
But the orignal post is quite right- in this case it must have cost a comparative fortune. Looking at the prosecution history, you can see two office actions and an appeal. I'm not sure "DIY" is even in the ballpark for non-lawyer IP professionals (let alone the average guy) in such circumstances.
There's some additional prosecution history here [uspto.gov] if you're curious. Gotta say, the approach to get around the objections based on registrations for BSD and FREEBSD (see the 11/26/02 doc) is pretty interesting, and certainly emphasizes that getting a NETBSD registration required a fair amount of work/resources.
Re:trivial? (Score:5, Interesting)
Organizations like these have many friends in many places. Who is to say a spouse or friend of a NetBSD developer/PR person didn't write some of these documents in their spare time? Friend of mine traded some internet access and good social engineering for a few hours of lawyer time to draw up some TOS and 1year contracts for the wireless internet he was going to sell to his neighbors.
Re:trivial? (Score:2, Informative)
Only recently was it announced, but, yes, it is 501(c)(3)-compliant.
Re:trivial? (Score:5, Insightful)
Re:trivial? (Score:5, Insightful)
Re:trivial? (Score:2, Informative)
Re:trivial? (Score:3, Informative)
It is trivial! (Score:5, Informative)
Acquiring such a trademark means that it is somewhat easier to enforce that others do not use the trademark in their own product names.
Re:It is trivial! (Score:3, Interesting)
Then, there's the risk-factor. What, really, is the risk of a competing *BSD distribution taking the name of "NetBSD"? Again, no insult intended, but it's not got the mindshare to be seriously at risk. It's not Rolls Royce, for example.
Finally, what could the money have been spent on, otherwise? $500 is a week's worth of documenting, or
no risk from a competing bsd, but.... (Score:2, Informative)
Re:no risk from a competing bsd, but.... (Score:2)
Re:It is trivial! (Score:5, Informative)
Someone tried to steal the term "Linux" in 1994 or so, long before anyone heard of it or cared. You can bet it cost Torvolds a lot more money in lawyer fees to trademark a contested term than if he had registered first.
There's a lot of really important reasons to own a trademark. Without one, forgetting to renew a domain name could be a disaster. There's also hostile code forks, etc etc etc.
Look at FreeBSD -- it's trademarked, but the trademark is owned by a hostile company and not by FreeBSD. In theory, they could be required to change their name! The reputation cost would be a lot more than a thousand bucks.
Maybe you are a poor student and $1000 sound like a lot of money, but frankly if any of the NetBSD people have a real job, this isn't financially prohibitive.
Re:It is trivial! (Score:2)
There's a difference, though. The cookery book, I can use. Repeatedly. It also appreciates value with time, so given long enough I'll make the money back.
I don't see how NetBSD could ever reclaim the money spent, by merit of the name alone. Unlike antiques, NetBSD has no guarantee of increasing in value. Indeed, without something significantly special (eg: OpenBSD's promise of security out o
Re:It is trivial! (Score:3, Interesting)
Most people can make $500 in a day (eg painting a house). Many people can make $500 in a few hours. And there are still a lot of people that can make $500 in less than an hour. Sure, it may pay a student to do something, but that is hardly an accurate depiction of time-is-money.
Re:It is trivial! (Score:2)
Re:It is trivial! (Score:2)
Also, I know quite a few lawyers. Enough said.
Re:It is trivial! (Score:2)
Re:It is trivial! (Score:1)
Who would know any strippers?? They're *FEMALE* for crying out loud.
I take it you've never been to Oxford St in Sydney, eh?
Re:It is trivial! (Score:1)
Re:It is trivial! (Score:2)
Re:trivial? (Score:2, Insightful)
Re:trivial? (Score:1)
The first time you don't legally defend your trademark, you lose it.
So it's cheap to file, very expensive to maintain.
How long... (Score:2, Funny)
Re:How long... (Score:2)
Do you mean:
Re:How long... (Score:1)
Re:How long... (Score:2)
Re:How long... (Score:2)
Except that looks like "BSD Ow's", or multiple BSD-related injuries.
(Yes, an apostrophe there is correct)
Wot? Includin' t' ® (R) symbol as well? (Score:3, Funny)
What is a typical cost? (Score:2, Interesting)
Re:What is a typical cost? (Score:3, Informative)
2) Trademarks in the US protect your rights in the US only. Th
Re:What is a typical cost? (Score:1)
Re:What is a typical cost? (Score:1)
wait (Score:5, Insightful)
Re:wait (Score:4, Insightful)
Its realy very easy, all it takes is a desire to hate somthing. Just like the Linux & Mac haters that have never used the platforms or the Windows haters that think its unchanged since the broken Windows 95 systems they last used.
Re:wait (Score:2, Funny)
I'm sorry to be the bearer of bad nues but...
Re:wait (Score:2, Informative)
I am what most people would call a Mac hater, and I have extensive experience with the platform.
I was a Mac user for 10 years. I know the platform inside and out. I just have become disenchanted.
My dislike comes from not a position of ignorance, but one of knowledge based dislike.
LK
Re:wait (Score:2)
how can you condem them before you even hear there policy on the use of the trademark?
Did I miss something ?? Who was condemning them ?? What were you replying to ?
*BSD Anthem: Last Disk (Score:3, Funny)
Oh where, oh where is my BSD?
I just loaded it yesterday.
It's gone to heaven, so I've got to be good,
So I can see the OS when I leave this world.
I'd started to load it in my roommate's Dell,
the hard drive was taking it pretty well.
During the load, it crashed the heads,
the distro was stalled, *BSD was dead.
I couldn't stop, so I yanked the cord.
I'll never forget, the sound , oh Lord--
the screamin' drives, the speaker's blast,
the painful scream that I-- heard last.
Oh where, oh where is my *BSD?
That load took it away from me.
It's gone to heaven, so I've got to be good,
So I can see *BSD when I leave this world.
When I woke up, the sparks were pourin down.
There were admins standin all around.
Some fragments of chips gotten in my eyes,
but somehow I found my *BSD that night.
I lifted the CD, the devil winked and said,
"Load me darlin just a little while."
I held it close, I kissed the label--our last kiss.
I found the love that i knew i had missed
well now it's gone, even I loaded it right
I lost my *BSD and the Dell-- that night.
Oh where, oh where is my *BSD?
I tried to load it yesterday.
It's gone to heaven so I've got to be good,
So I can see *BSD when I leave this world.
Re:*BSD Anthem: Last Disk (Score:2)
Re:*BSD Anthem: Last Disk (Score:2, Informative)
Re:*BSD Anthem: Last Disk (Score:1)
Re:*BSD Anthem: Last Disk (Score:1)
Re:*BSD Anthem: Last Disk (Score:1, Informative)
Ever heard the song "Blue Suede Shoes" by American AC in Paris?
Nice Job... (Score:2)
myke
Re:*BSD Anthem: Last Disk (Score:2)
Re:*BSD Anthem: Last Disk (Score:2)
In other news... (Score:5, Funny)
hehe
Si.
Re:In other news... (Score:1, Flamebait)
Logo? (Score:2, Interesting)
Yes, but do they have a logo to go with that trademark yet? (http://www.netbsd.org/Changes/#logo-contest-close d)
Yep, see here (Score:3, Funny)
(note the date of that post)
This seems more like a BFD, so what story... (Score:2, Interesting)
I'm more puzzled than angered.
Re:This seems more like a BFD, so what story... (Score:3, Informative)
Re:This seems more like a BFD, so what story... (Score:4, Informative)
There are a number of benefits to registration: the team could prevent the use of NetBSD on _any_ distributions unless they authorise (e.g. such as a "NetBSD+custom distribution" would not be able to use the NetBSD mark).
It could be used with customs to prevent import of counterfeit "official" CD's, or even the use of NetBSD on unofficial release CD's.
For example, when a NetBSD release is generated, currently nothing stops anyone from building and releasing their own NetBSD distribution CD from the CVS tag. Now, the owners of the mark will be able to prevent this if they choose to.
Re:This seems more like a BFD, so what story... (Score:2)
Re:This seems more like a BFD, so what story... (Score:1)
-Jesse
Too Bad We All Use Linux (Score:1, Flamebait)
Re:Too Bad We All Use Linux (Score:1)
"Mozilla/5.0 (compatible; Konqueror/3.2; FreeBSD) (KHTML, like Gecko)"
I figured I should mention that before I got modded down as a Windows user!
And what about the new logo? (Score:4, Interesting)
I hope I'm still in the running [outshine.com]. Anyone else enter? I sure wish I could see my competition.
Re:And what about the new logo? (Score:1)
Re:And what about the new logo? (Score:3, Interesting)
- Hubert
Huh? (Score:2, Funny)
Oh no, they should have registed ``NetBSD'' instead.
Everyone knows the patent office is... (Score:5, Funny)
New Logo Too? (Score:3, Interesting)
Debian NetBSD projects? (Score:4, Interesting)
-molo
Re:Debian NetBSD projects? (Score:2, Informative)
Re:Debian NetBSD projects? (Score:2)
I think Debian GNU/NetBSD says it all - Debian is the distributor, and we have a GNU userland atop NetBSD (analogous to GNU/Linux). I do realize that significant parts of NetBSD would have been wiped out, but, hey, it's open source, right?
As for trademark infringement, I suppose the NetBSD foundation would have to defend its mark in order to keep the rights, but they could grant Debian permission to use the mark, right?
Alternatively, the Debian folks could invent a co
This Gives Me An Idea! (Score:5, Funny)
Oh, freaking great... (Score:2)
The NetBSD-like, Unix-Like, OS
Do they really expect us to remember the Ascii #s? (Score:5, Funny)
What to do with the trademark? (Score:3, Funny)
I guess... (Score:2)
Re:Final Straw? (Score:5, Informative)
(excerpt from that site)
Examples of Use Requiring A License.
On the other hand, if you plan to market a product or offer a service to the public using a mark that identifies the LINUX based product under a name that you consider your product name, like "Super Dooper Linux" or "Real Time Linux Consultants" you are required to apply for and obtain the low cost one time royalty license described elsewhere on this web site. This is true whether you actually apply for a trademark for your product or service name, because you are using the mark in a trademark sense, and it is important that the public know that LINUX is the base mark owned by Linus, and that the derivative mark you have adopted is your particular version of Linux.
Beside our need to protect the Linux mark for all of us in the industry, this process allows us to prevent improper uses of the mark that might eventually result in someone obtaining a trademark with the word Linux in it that suggests that they are the sole source of Linux or the sole authority to certify some aspects of use or training concerning Linux. For this reason we have refused to license marks like "Linux University" or "The Linux Certification Board."
(end-excerpt)
It's pretty reasonable for NetBSD to want the same protection from dillution for it's valuable brandname. And it's hardly the first open source OS to get it's name trademarked.
Patents BAD trademarks GOOD copyrights BAD (Score:2)
Re:Final Straw? (Score:2)
Also you can find posts by Jon Hall on usenet archives about it too.
If you read the LWI site you'd see "Website maintained courtesy of the law firm of Terra Law L.L.P. and AtreNet. Copyright 2000 Linux Mark Institute"
It is well known that Linus does not want to be involved in the trademark issues of Linux.
Kernel.org is for source code, not for legal informa
Re:REASON WHY BSD IS DEAD (Score:1)
Sincerly, Bill Gates
-