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From: Terry Lambert <terry@cs.weber.edu>
Newsgroups: comp.unix.bsd.misc
Subject: Re: What is
Date: 20 Aug 1995 22:09:57 GMT
Organization: Utah Valley State College, Orem, Utah
Lines: 46
Message-ID: <418brl$3gp@park.uvsc.edu>
References: <CGD.95Aug20032937@BALVENIE.PDL.CS.CMU.EDU>
NNTP-Posting-Host: hecate.artisoft.com
cgd@cs.cmu.edu wrote:
] BSDI is the owner of the trademark "BSD" which is used
] in the field of computer software.
]
]
] According to BSDI, _NONE_ of the following can be called "BSD Systems":
]
] Ultrix 386BSD
] FreeBSD NetBSD
] Lites SunOS [34].x
]
] even though some of them have been considered "BSD Systems" before BSDI
] was formed. Indeed, systems like NetBSD or FreeBSD would find it
] difficult (if not impossible) to register their names as trademarks,
] without an agreement with BSDI like the ones that the FreeBSD folks
] signed.
This is amusing.
I know that, at my urging, William Jolitz trademarked 386BSD. It
has been inconvenient (to say the least) in forcing the FreeBSD
and NetBSD crowds to change the name after he refused permission
for a previously approved "interim release" -- the birth of FreeBSD.
This trademark predates the BSDI trademark, since it occurred
before BSDI was incorporated and thus legally eligible as a legal
entity to hold trademarks.
That not withstanding, I believe it would be possible to
successfully argue "common usage" on the term BSD, since it is
mentioned in many books.
BSDI may very well find themselves in the position USL was in --
if they defend the trademark, they make it worthwhile to prove
that they don't have anything proprietary. USL barely avoided
this with their "trade secret" claims by making it almost worthwhile
to prove the claims groundless. Backing off at the last minute
was extremely politic; a settlement allowed them to maintain their
claims against fiscally less well-equipped "infringers".
Terry Lambert
terry@cs.weber.edu
---
Any opinions in this posting are my own and not those of my present
or previous employers.