How does it affect user groups Re: [SGVLUG] Linux Trade mark ...

[Dustin]

On Mon, 29 Aug 2005, Martin Bähr wrote:

> On Sun, Aug 28, 2005 at 04:18:49AM -0700, David Lawyer wrote:
> > I'm not even sure that "Linux" is a trademark anymore since it's also
> > become a word in the English language. 

> > It's legal for a name to escape from trademark status and I think that
> > "Unix" may have escaped but it hasn't been tested in court. 
> 
> to escape trademark status i think there must actually be a quantifiable
> use of the word that fits the category but does not describe the actual
> product.

No, "Xerox" is still a trademark AFAIK so that's not enough.  It seems to
be enough that the Xerox Corporation defends the trademark and tries to
discourage generic usage.  "Coke" is in the same boat--in the South, maybe
still today, "coke" can be a generic term for any carbonated beverage.  
Anyone think "Coke" has lost it's trademark status?

In any case I can't see how there is any question about "Linux", given the
existence of an active legal entity whose only purpose is to defend it.  
If what David suggests were true, then LMI wouldn't exist and certainly 
neither Linus nor Maddog would go to the trouble.

David suggested that maybe Linux *should* lose trademark status, but 
that's a separate question from whether it already has (which is evidently 
no).

Dustin