Gaim becomes Pidgin [LWN.net]

Gaim becomes Pidgin

Posted Apr 8, 2007 17:19 UTC (Sun) by tetromino (subscriber, #33846)
In reply to: Gaim becomes Pidgin by khim
Parent article: Gaim becomes Pidgin

GAIM was known as "GAIM" since at least 2002, maybe earlier (I don't remember the very early history of the project). Back then, AOL's product was called "AOL Instant Messenger", no acronym. Of course, like most zero-budget open-source project, GAIM developers never applied to the USPTO to officially trademark their name. Then on September 6, 2005, AOL applied to trademark the word "AIM" for communication software and several other areas (you can look it up in on uspto.gov). USPTO granted them the trademark because they weren't aware of GAIM's existence. Then AOL renamed its technology "AIM" and started harassing GAIM developers, even though GAIM had been using the name for years before AOL. GAIM developers were forced to get lawyers and were prevented from releasing a non-beta version. Finally the GAIM team gave up and renamed their project, just because AOL had a much bigger legal budget.

AOL wasn't protecting its intellectual property. It stole GAIM's.

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Gaim becomes Pidgin

Posted Apr 8, 2007 19:10 UTC (Sun) by khim (subscriber, #9252) [Link]

Back then, AOL's product was called "AOL Instant Messenger", no acronym.

Suure... Let me refresh your memory:
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Installing the AOL Instant Messenger (SM) Software
After you have downloaded AIM, install the service onto your computer:
1. Locate the AIM95 setup file that you downloaded to your system, and double-click it to start the installation process.
By default, the installer stores the AOL Instant Messenger (SM) in your Program Files directory in the AIM95 folder.
2. Follow the installation instructions on your screen.
---
Can you guess when this instruction was written ? Right:1995 year. May be AIM acronym was not trademarked then but sure as hell it was used extensively in supporting documentation, help and elsewhere. Full name was used from time to time, but AIM acronym was used as well.

Of course it does not mean it can be trademarked and used to force GAIM developers to rename the project.

AOL wasn't protecting its intellectual property. It stole GAIM's.

Oh, here I agree 100%. Either there are confusion between AIM and GAIM - and then AIM can not be trademarked at all because GAIM was in use for years before AIM was trademarked. Or there are no confusion between AIM and GAIM - and then it means GAIM is free to continue.

Gaim becomes Pidgin

Posted Apr 9, 2007 13:02 UTC (Mon) by superstoned (subscriber, #33164) [Link]

Well, GAIM seams to mean Gnu AIM, and I can see why AOL doesn't like that.
I'm not sure what I think about it, but I can't say I'm totally opposed to
them enforcing a namechange for GAIM.

Gaim becomes Pidgin

Posted Apr 8, 2007 20:49 UTC (Sun) by tetromino (subscriber, #33846) [Link]

Corrections:
AOL applied for its "AIM" trademark in 2000 and received it in 2001 (the September 2005 one was for the AIM logo). However, Gaim has been called Gaim since 1999, so the basic point still stands.

Gaim becomes Pidgin

Posted Apr 9, 2007 3:01 UTC (Mon) by hp (subscriber, #5220) [Link]

While IANAL, I'm pretty sure trademarks can be trademarks purely due to usage, even without registration. Wikipedia INAL either, but see
http://en.wikipedia.org/wiki/Trademark#Establishing_trade... for example

Not saying anything either way about the merits of AOL's case in general, just saying that the trademark registration date may not mean very much.

Gaim becomes Pidgin

Posted Apr 9, 2007 12:20 UTC (Mon) by k8to (subscriber, #15413) [Link]

This may be so, but the AOL Lawyers "accepted" the name "gaim" as avoiding their trademark "AOL Instant Messenger". So in some sense AOL tacitly accepted an in-use mark which conflicted with one they later registered. It's possible this is not a strong legal argument, but to me it's bad faith.

And certainly when you look at the AOL lawyer brigade practices over the years, I see a whole bunch of deplorable activity. (offtopic:) It saddens me that in order to get acceptable treatment, these humans (developers) had to create a corporation. Normal people, real humans, seemingly cannot get justice in our system.