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I always thought Linux was a registered trademark by Linus Torvalds.
But USPTO suggests otherwise. Apparently, the "real" Linux is in the
detergent business, and the trademark claim was filed as recently as
1999 :
(I'd post a direct link, but it seems to be non-portable, go to
www.uspto.gov)
Typed Drawing
Word Mark LINUX
Goods and Services IC 003. US 001 004 006 050 051 052. G & S: laundry
detergents and laundry bleaches for home use; all purpose cleaning
preparations for home use; general purpose scouring powders; skin soap
for personal use; perfume; essential oils for personal use;
preparations for personal hygiene and cosmetic purposes, namely, hair
shampoo, skin toners, shower gel, skin lotions; hair tonic and
toothpaste
Mark Drawing Code (1) TYPED DRAWING
Serial Number 75735641
Filing Date June 23, 1999
Current Filing Basis 44E
Original Filing Basis 44E
Published for Opposition September 12, 2000
Registration Number 2410190
Registration Date December 5, 2000
Owner (REGISTRANT) Rosch (Swiss) AG CORPORATION SWITZERLAND
Axensteinstrasse 4 CH-9000 St. Gallen SWITZERLAND
Attorney of Record Thilo C. Agthe
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE
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sb wrote:
I always thought Linux was a registered trademark by Linus Torvalds.
But USPTO suggests otherwise. Apparently, the "real" Linux is in the
detergent business, and the trademark claim was filed as recently as
1999 :
(I'd post a direct link, but it seems to be non-portable, go to
www.uspto.gov)
Typed Drawing
Word Mark LINUX
Goods and Services IC 003. US 001 004 006 050 051 052. G & S: laundry
detergents and laundry bleaches for home use; all purpose cleaning
preparations for home use; general purpose scouring powders; skin soap
for personal use; perfume; essential oils for personal use;
preparations for personal hygiene and cosmetic purposes, namely, hair
shampoo, skin toners, shower gel, skin lotions; hair tonic and
toothpaste
Mark Drawing Code (1) TYPED DRAWING
Serial Number 75735641
Filing Date June 23, 1999
Current Filing Basis 44E
Original Filing Basis 44E
Published for Opposition September 12, 2000
Registration Number 2410190
Registration Date December 5, 2000
Owner (REGISTRANT) Rosch (Swiss) AG CORPORATION SWITZERLAND
Axensteinstrasse 4 CH-9000 St. Gallen SWITZERLAND
Attorney of Record Thilo C. Agthe
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE
<http://www.linuxjournal.com/article.php?sid=2559>
<http://www.linuxmark.org/>
note: G&S are not in the software business.
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-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1
sb wrote:
I always thought Linux was a registered trademark by Linus Torvalds.
But USPTO suggests otherwise. Apparently, the "real" Linux is in the
detergent business, and the trademark claim was filed as recently as
1999 :
Linux as in the operating system was a trademark long before 1999. It
doesn't matter anyway, as trademarks are only protected within the same
industry. Detergent and Operating Systems can hardly be called similar.
[Snip]
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Version: GnuPG v1.2.4 (GNU/Linux)
iD8DBQFATuKfd1ZThqotgfgRAgvwAJ4n80M+Esi8PqKDCbBXWlm47j6BvACdEnY0
zvUOP1IL4hQP8KEBYhQcl2g=
=/Mmb
-----END PGP SIGNATURE-----
--
PeKaJe
"Microsoft Wheel. Now with 8 sides for a smoother ride."
-- The Ghost in the Machine, in COLA
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spam_bait101@yahoo.com (sb) wrote:
I always thought Linux was a registered trademark by Linus Torvalds.
But USPTO suggests otherwise. Apparently, the "real" Linux is in the
USPTO doesn't suggest otherwise.
<http://tess2.uspto.gov/bin/gate.exe?f=doc&state=quehhn.3.283>
Word Mark LINUX
Goods and Services IC 009. US 021 023 026 036 038.
G & S: computer operating system
software to facilitate computer use
and operation.
FIRST USE: 19940802.
FIRST USE IN COMMERCE: 19940802
Mark Drawing Code (1) TYPED DRAWING
Serial Number 74560867
Filing Date August 15, 1994
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition June 13, 1995
Change In Registration CHANGE IN REGISTRATION HAS OCCURRED
Registration Number 1916230
Registration Date September 5, 1995
Owner (REGISTRANT) Croce, William R. Della, Jr.
INDIVIDUAL UNITED STATES
33 Snow Hill St. Boston MASSACHUSETTS 02113
(LAST LISTED OWNER) TORVALDS, LINUS
INDIVIDUAL Assignee of FINLAND
5774 CANNES PLACE SAN JOSE CALIFORNIA 95138
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record ROBERT T. DAUNT
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR).
Live/Dead Indicator LIVE
--
Floyd L. Davidson <http://web.newsguy.com/floyd_davidson>
Ukpeagvik (Barrow, Alaska) floyd@barrow.com
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loyd L. Davidson wrote:
spam_bait101@yahoo.com (sb) wrote:
USPTO doesn't suggest otherwise.
<http://tess2.uspto.gov/bin/gate.exe?f=doc&state=quehhn.3.283>
Word Mark LINUX
Goods and Services IC 009. US 021 023 026 036 038.
G & S: computer operating system
software to facilitate computer use
and operation.
FIRST USE: 19940802.
FIRST USE IN COMMERCE: 19940802
Mark Drawing Code (1) TYPED DRAWING
Serial Number 74560867
Filing Date August 15, 1994
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition June 13, 1995
Change In Registration CHANGE IN REGISTRATION HAS OCCURRED
Registration Number 1916230
Registration Date September 5, 1995
Owner (REGISTRANT) Croce, William R. Della, Jr.
INDIVIDUAL UNITED STATES
33 Snow Hill St. Boston MASSACHUSETTS 02113
(LAST LISTED OWNER) TORVALDS, LINUS
INDIVIDUAL Assignee of FINLAND
5774 CANNES PLACE SAN JOSE CALIFORNIA 95138
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record ROBERT T. DAUNT
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR).
Live/Dead Indicator LIVE
<http://www.linuxjournal.com/article.php?sid=2559>
|Monterey, California, August 20, 1997--A long standing dispute over
|ownership of the Linux operating system trademark has just been
|resolved. As a result of litigation brought by a group of five Linux
|companies and individuals against William R. Della Croce, Jr. of
|Boston, Massachusetts, Della Croce has assigned ownership for the
|registered mark to Linux Torvalds, the original author of Linux, as
|part of the a settlement agreement.
||The plaintiffs in the suit were Linus Torvalds; Specialized Systems
|Systems Consultants, Inc. (Linux Journal) of Seattle; Yggdrasil
|computing, Inc. in San Jose; Linux International, Amherst, NH; and Work
| Group Solutions of Aurora, CO. Non-plaintiffs Red Hat Software, Inc.,
|Metro Link Inc. and Digital Equipment Corporation supported the
|litigation and contributed to the cost of the litigation.
||The five plaintiffs brought suit against Della Croce in the U.S.
|Trademark Trial and Appeals Board, in November 1996. Della Croce had
|obtained registration of the Linux mark in September 1995, which
|created a storm of protests by the Linux community, who felt the mark
|belonged to Torvalds or the Linux community and not to any individual.
|In an attempt to correct the situation, the plaintiffs retained the
|internationally known intellectual property law firm of Davis &
|Schroeder of Monterey, California, who handled the case on a greatly
|reduced fee bases, as a service to the Linux community.
||The five plaintiffs, through their attorneys, announced today that (1)
|the matter has been settled by the assignment of the mark to Linus
|Torvalds, on behalf of all Petitioners and Linux users, and the
|dismissal with prejudice of the pending PTO Cancellation Proceeding;
|and (2) that Respondent was reimbursed for his trademark filing fees
|and costs by Petitioners. The other terms of the Settlement Agreement
|are confidential.
you didn't click the status link on your page... I wonder why??? trolling???
look what it shows:
<http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=74560867>
Thank you for your request. Here are the latest results from the TARR
web server.
This page was generated by the TARR system on 2004-03-10 06:00:57 ET
Serial Number: 74560867 Assignment Information
Registration Number: 1916230 Assignment Information
Mark (words only): LINUX
Standard Character claim: No
Current Status: Section 8 and 15 affidavits have been accepted and
acknowledged.
Date of Status: 2001-09-07
Filing Date: 1994-08-15
Transformed into a National Application: No
Registration Date: 1995-09-05
Register: Principal
Law Office Assigned: LAW OFFICE 3
If you are the applicant or applicant's attorney and have questions
about this file, please contact the Trademark Assistance Center at
TrademarkAssistanceCenter@uspto.gov
Current Location: 900 -Warehouse (Newington)
Date In Location: 2003-06-05
LAST APPLICANT(S)/OWNER(S) OF RECORD
1. TORVALDS, LINUS
Address:
TORVALDS, LINUS
5774 CANNES PLACE
SAN JOSE, CA 95138
United States
Legal Entity Type: Individual
Country of Citizenship: Finland
GOODS AND/OR SERVICES
computer operating system software to facilitate computer use and
operation
International Class: 009
First Use Date: 1994-08-02
First Use in Commerce Date: 1994-08-02
Basis: 1(a)
ADDITIONAL INFORMATION
(NOT AVAILABLE)
MADRID PROTOCOL INFORMATION
(NOT AVAILABLE)
PROSECUTION HISTORY
2001-09-07 - Section 8 (6-year) accepted & Section 15 acknowledged
2001-08-07 - Section 8 (6-year) and Section 15 Filed
1998-02-27 - Section 7 new certificate issued
1997-11-24 - Request for new certificate filed
1997-09-23 - Cancellation terminated for Proceeding
1997-09-23 - Cancellation dismissed for Proceeding
1997-01-14 - Cancellation instituted for Proceeding
1995-09-05 - Registered - Principal Register
1995-06-13 - Published for opposition
1995-05-12 - Notice of publication
1995-03-02 - Approved for Pub - Principal Register (Initial exam)
1995-01-27 - Communication received from applicant
1995-01-20 - Non-final action mailed
1995-01-16 - Case file assigned to examining attorney
1995-01-13 - Case file assigned to examining attorney
CONTACT INFORMATION
Correspondent (Owner)
ROBERT T. DAUNT (Attorney of record)
ROBET T DAUNT
DAVIS & SCHROEDER PC
215 WEST FRANKLIN ST. 4TH FL
MONTEREY CA 93940
and
<http://assignments.uspto.gov/assignments/q?db=tm&sno=74560867>
Assignments on the Web > Trademark Query
Trademark Assignment Abstract of Title
Total Assignments: 1
Serial #: 74560867
Filing Dt: 08/15/1994
Reg #: 1916230
Reg. Dt: 09/05/1995
Registrant: Croce, William R. Della, Jr.
Mark: LINUX
Assignment: 1
Reel/Frame:
1613/0409
Received: 08/20/1997
Recorded: 08/20/1997
Pages: 2
Conveyance:
ASSIGNS THE ENTIRE INTEREST
Assignor: DELLA CROCE, WILLIAM R., JR.
Exec Dt: 08/14/1997
Entity Type: INDIVIDUAL
Citizenship: UNITED STATES
Assignee: TORVALDS, LINUS
APT. 36
3665 BENTON STREET
SANTA CL
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paul cooke <paul_cooke@linuxNOSPAMmail.org> wrote:
Floyd L. Davidson wrote:
USPTO doesn't suggest otherwise.
Read the above line again. And the read the text that
I provided from the USPTO, below...
<http://tess2.uspto.gov/bin/gate.exe?f=doc&state=quehhn.3.283>
Word Mark LINUX
Goods and Services IC 009. US 021 023 026 036 038.
G & S: computer operating system
software to facilitate computer use
and operation.
FIRST USE: 19940802.
FIRST USE IN COMMERCE: 19940802
Mark Drawing Code (1) TYPED DRAWING
Serial Number 74560867
Filing Date August 15, 1994
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition June 13, 1995
Change In Registration CHANGE IN REGISTRATION HAS OCCURRED
Registration Number 1916230
Registration Date September 5, 1995
Owner (REGISTRANT) Croce, William R. Della, Jr.
INDIVIDUAL UNITED STATES
33 Snow Hill St. Boston MASSACHUSETTS 02113
(LAST LISTED OWNER) TORVALDS, LINUS
Did you notice this particular line.
INDIVIDUAL Assignee of FINLAND
5774 CANNES PLACE SAN JOSE CALIFORNIA 95138
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record ROBERT T. DAUNT
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR).
Live/Dead Indicator LIVE
And this particular line.
you didn't click the status link on your page... I wonder why??? trolling???
And then tell me why you are posting nonsense about trolling...
look what it shows:
<http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=74560867>
That of course merely repeats, as did what you quoted from Linux
Journal, exactly what I posted.
--
Floyd L. Davidson <http://web.newsguy.com/floyd_davidson>
Ukpeagvik (Barrow, Alaska) floyd@barrow.com
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Torvalds owns the Linux trademark in the domain of computers. Different
parties can trademark the same name so long as it's improbable that the
public are to confuse the two trademarks. Soap is sufficiently different
from software that there's no problem.
Likewise, you could probably trademark "Microsoft" for a brand of cotton
swabs or tampons and get away with it.
sb wrote:
I always thought Linux was a registered trademark by Linus Torvalds.
But USPTO suggests otherwise. Apparently, the "real" Linux is in the
detergent business, and the trademark claim was filed as recently as
1999 :
(I'd post a direct link, but it seems to be non-portable, go to
www.uspto.gov)
Typed Drawing
Word Mark LINUX
Goods and Services IC 003. US 001 004 006 050 051 052. G & S: laundry
detergents and laundry bleaches for home use; all purpose cleaning
preparations for home use; general purpose scouring powders; skin soap
for personal use; perfume; essential oils for personal use;
preparations for personal hygiene and cosmetic purposes, namely, hair
shampoo, skin toners, shower gel, skin lotions; hair tonic and
toothpaste
Mark Drawing Code (1) TYPED DRAWING
Serial Number 75735641
Filing Date June 23, 1999
Current Filing Basis 44E
Original Filing Basis 44E
Published for Opposition September 12, 2000
Registration Number 2410190
Registration Date December 5, 2000
Owner (REGISTRANT) Rosch (Swiss) AG CORPORATION SWITZERLAND
Axensteinstrasse 4 CH-9000 St. Gallen SWITZERLAND
Attorney of Record Thilo C. Agthe
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE
--
remove .spam from address to reply by e-mail.
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On Wed, 10 Mar 2004 03:08:37 -0900, Floyd L. Davidson wrote:
paul cooke <paul_cooke@linuxNOSPAMmail.org> wrote:
Floyd L. Davidson wrote:
(LAST LISTED OWNER) TORVALDS, LINUS
Did you notice this particular line.
you didn't click the status link on your page... I wonder why???
trolling???
And then tell me why you are posting nonsense about trolling...
I was confused at first; Paul may have been similarly confused.
At first, I thought that "last listed owner" meant "previous listed
owner", so I interpreted your original message as "Linus transferred
the trademark to William Della Croce". Not knowing who Croce was, I
ran a Google search on (william della croce) and turned up the Linux
Journal article, which indicates that "last listed owner" meant "most
recent listed owner", and that the transfer was *from* Croce *to* Linus.
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Floyd L. Davidson (floyd@barrow.com) writes:
spam_bait101@yahoo.com (sb) wrote:
USPTO doesn't suggest otherwise.
<http://tess2.uspto.gov/bin/gate.exe?f=doc&state=quehhn.3.283>
Word Mark LINUX
Goods and Services IC 009. US 021 023 026 036 038.
G & S: computer operating system
software to facilitate computer use
and operation.
FIRST USE: 19940802.
FIRST USE IN COMMERCE: 19940802
Mark Drawing Code (1) TYPED DRAWING
Serial Number 74560867
Filing Date August 15, 1994
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition June 13, 1995
Change In Registration CHANGE IN REGISTRATION HAS OCCURRED
Registration Number 1916230
Registration Date September 5, 1995
Owner (REGISTRANT) Croce, William R. Della, Jr.
INDIVIDUAL UNITED STATES
33 Snow Hill St. Boston MASSACHUSETTS 02113
(LAST LISTED OWNER) TORVALDS, LINUS
INDIVIDUAL Assignee of FINLAND
5774 CANNES PLACE SAN JOSE CALIFORNIA 95138
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record ROBERT T. DAUNT
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR).
Live/Dead Indicator LIVE
And that points out a bit of history that I only learned about last
fall when I won a CDROM archive of Linux Journal.
I'd known Linux was trademarked, but it seemed a puzzler. To trademark
the name didn't quite fit with my image of free software.
But as that record shows, Linus was not the original owner of the trademark.
The guy listed first had trademarked it on his own behalf, and I can't
remember if he had any connection with Linux or even software. He then
proceeded to contact various businesses, such as the Linux Journal, telling
them they were in violation of his trademark.
Of course this was an odd sitaution. People had been using the name before
the registration, and the trademark owner was not the originator of the thing.
Some of those who had been told they were violating the trademark got together
and took issue with the trademark being issued to the guy, and since they
were able to prove that it was in use before the registration, it resulted
in the trademark going to Linus.
I probably worded that wrong, but it was told in Linux Journal at the time.
Michael
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et472@FreeNet.Carleton.CA (Michael Black) writes:
]I'd known Linux was trademarked, but it seemed a puzzler. To trademark
]the name didn't quite fit with my image of free software.
Well, no. Linux is also copyrighted. Ie, making use of the IP laws is
not incompatible, it depends on how it is used. Thus, Microsoft putting
out their next version of Windows and calling it Windows Linux would be
fought. If there were no trademark laws they could certainly do that,
even if the product had nothing to do with Linux. It is the trademark
law which can be used to stop them. Similarly, SCO putting out a product
and calling it True Linux ( now SCO Unix) could be fought on the
trademark front.
]But as that record shows, Linus was not the original owner of the trademark.
]The guy listed first had trademarked it on his own behalf, and I can't
]remember if he had any connection with Linux or even software. He then
No. He claimed he had, but was made to see the error of his ways.
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sb wrote:
I always thought Linux was a registered trademark by Linus Torvalds.
But USPTO suggests otherwise. Apparently, the "real" Linux is in the
detergent business, and the trademark claim was filed as recently as
1999 :
(I'd post a direct link, but it seems to be non-portable, go to
www.uspto.gov)
So by your conception of trademark, that means microsoft is the only company
that can use the word "windows" in any thing.
I found 581 records with "windows" wthout "microsoft" in the search.
"linux", the operating system was trademarked in 1994 by Linus Torvalds
Your soap was registered in 1999 by a person from switzerland.
There are over 40 classifications of trademarks and it is therefor
theoretically possible to have 40 active trademarks all of which are not
infringing upon each other.
So yes we can have linux software and linux soap, along with linux
toothpaste or even linux soda.
Linux soda? Hmmmm. Think the perky little penguin could sell soda?
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floyd@barrow.com (Floyd L. Davidson) wrote in message news:<87ad2onbui.fld@barrow.com>...
paul cooke <paul_cooke@linuxNOSPAMmail.org> wrote:
And then tell me why you are posting nonsense about trolling...
I'm very curious as well. How does not clicking on some link make one a troll?
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"Richard" <anonymous@127.000> writes:
Linux soda? Hmmmm. Think the perky little penguin could sell soda?
What *would* happen if someone used Tux to sell, say, sodas? What law
would prevent it? Copyright? Trademark?
You can't slap Tony the Tiger on your boxes of fan belts, I'm sure.
But why not? Is the trademark law for images different than the one
for names? After all, you *could* sell Kellog's Frosted Fan Belts,
right?
Maybe not Kellog's Frosted Fan Belts, since the judge would say
you're intentionally confusing folks --- fan belts aren't frosted.
Maybe the same reasoning prevents Tux from appearing on your soda, but
allows you to name it Linux. I really don't know.
[Apologies to misc.legal if this is off-topic there, but maybe someone
can point me to an easy to understand FAQ that covers this topic.]
--
"This confused and outraged many Matrix fans, who'd already spent hours
on the web explaining that man and computers could never really live
in such a state of harmony and mutual benefit."
-- http://www.pointlesswasteoftime.com
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In article <c2p2c401fsb@enews4.newsguy.com> "Richard" <anonymous@127.000> writes:
There are over 40 classifications of trademarks and it is therefor
theoretically possible to have 40 active trademarks all of which are not
infringing upon each other.
Or, if the mark is "famous," its use in another area could be
considered "dilution" and that use stopped by the court.
See 15 USC 1125(c) for the law on dilution of famous marks.
So yes we can have linux software and linux soap, along with linux
toothpaste or even linux soda.
Linux soda? Hmmmm. Think the perky little penguin could sell soda?
That sounds like a good example of trademark dilution, to the
extent that Linux and the penguin is known by the public.
Son't every listen to Richard's free legal advice. It is worth
less than you paid for it.
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Lee Hollaar wrote:
That sounds like a good example of trademark dilution, to the
extent that Linux and the penguin is known by the public.
Yes, from the popular children's tv show with modeling-clay figures,
featuring 'pingu' the penguin.
I've actually seen tuxracer installed on windows boxen, because the kids
wanted the game with pingu. My attempts to mention tux were completely
futile in that context.
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