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

[Terry Hancock]

On Sunday 28 August 2005 01:30 pm, serross at ix.netcom.com wrote:
> We should be able to use the name Linux without worry. 
> First, if it is trademarked, we will get a notice to cease and decist. 
> 
> Subject: Re: How does it affect user groups Re: [SGVLUG] Linux Trade mark ...
> On Wed, Aug 24, 2005 at 06:25:30AM -0700, Dustin wrote:
> > On Wed, 24 Aug 2005, David Lawyer wrote:
> > 
> > > I would oppose it on principle that attribution is a big waste of
> > > time (including reader's time) and bandwidth. 
> > 
> > I am not suggesting we do it because LMI is likely to get nasty, and I'm
> > fairly sure I said exactly that.  I am suggesting we do it because it is
> > the right thing to do.  Widespread acknowledgement of "Linux" as a
> > trademark of Linus Torvalds makes LMI's job a little easier, which means
> > less money going to lawyers to defend it, which means LMI has to raise
> > less money from these fees in the first place.
> 
> Common words such as Linux should not require one to mention that they
> are trademarks each time they are used.  Thus I don't think it's the
> right thing to do.  Of course it's also wrong for anyone else to try
> to get "Linux" as a trademark, but 2 wrongs don't make a right.

While these are all valid reasons to "not worry about" a Linux trademark,
suit, it's also worth mentioning that you are INNOCENT.

The purpose of a trademark is to uniquely, non-deceptively, and correctly
identify a product or organization.  As long as you use the term "Linux" to
identify the product "Linux", you are complying with correct use of trademarks.
This would be true even if you were only using the term to write scathing,
embittered criticism of it -- that's called "Freedom of Speech".

If you want to make doubly sure, then just put a note on your site's
credits page (wherever you list the webmaster, contact points for the group,
etc) saying "Linux is a trademark of...". That's it.  That's the most that should
ever be required of you (and in practice no one will care even about that).

Can you imagine how stupid they would have to be to sue a group dedicated
to promoting the benefits of Linux?  It is generally regarded as poor move
to shoot your allies.

If you do it, do it because you *want* to promote the Linux trademark
status, not because  you're afraid somebody's going to bother you about it. 

Cheers,
Terry

--
Terry Hancock ( hancock at anansispaceworks.com )
Anansi Spaceworks  http://www.anansispaceworks.com