Posted Mar 16, 2012 4:44 UTC (Fri) by JoeF (subscriber, #4486)
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The late Dennis Ritchie had a webpage showing examples of the Unix name all over the world.
Did AT&T/Bell Labs (or The Open Group as current trademark holder) go after these companies? No.
Did the Unix trademark erode because of this documented use by others? No.
Seigo: Spark becomes Vivaldi
Posted Mar 16, 2012 12:13 UTC (Fri) by farnz (guest, #17727)
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Erosion requires that the trademark is being used in your line of business. dmr's page showed lots of non-computer uses of UNIX, which are irrelevant when considering whether people would get confused by the computer use of UNIX.
In contrast, SPARC is a computer business. Spark was also in the computer business. SPARC needs to show, when someone else tries to use something similar to SPARC in the computer trade, that they've done their best to ensure that anyone whose trademark is like SPARC has done a deal with SPARC.
Note, though, that SPARC could protect its trademark by agreeing a trademark licence - as is done with the Linux trademark. The fact that I have agreed to licence your trademark, even if my consideration is simply "I promise not to contest your trademark" is enough to act as evidence that you defend your mark.