Return to BSD News archive
Xref: sserve gnu.misc.discuss:6213 comp.org.eff.talk:9036 comp.unix.bsd:4995 comp.os.mach:2130 misc.int-property:517 Newsgroups: gnu.misc.discuss,comp.org.eff.talk,comp.unix.bsd,comp.os.mach,misc.int-property,alt.suit.att-bsdi Path: sserve!manuel!munnari.oz.au!uunet!usc!wupost!darwin.sura.net!sgiblab!a2i!dhesi From: dhesi@rahul.net (Rahul Dhesi) Subject: Re: Are you sure UNIX is a trade mark? Message-ID: <BuHu60.BJK@rahul.net> Sender: news@rahul.net (Usenet News) Nntp-Posting-Host: bolero Organization: a2i network References: <1992Sep1.090548.8351@uhura1.uucp> <1992Sep1.130800.14354@news.acns.nwu.edu> <MJB.92Sep1163324@oak7.doc.ic.ac.uk> <EDWI5ZL@taronga.com> <1992Sep2.220141.17026@nntp.hut.fi> <1992Sep4.234429.18294@newsgate.sps.mot.com> <Bu5DBu.IA6@rahul.net> Date: Sun, 13 Sep 1992 01:44:24 GMT Lines: 34 I think there are some misunderstandings here. AT&T's comment that `BSD UNIX is also known as "Berkeley UNIX"' might not in itself cause any substantial damage to the trade mark status of the word "UNIX". However, here is the situation: BSDI listed its telephone number as "ITS-UNIX", referring to its release of BSD. AT&T countered with a lawsuit, claiming (among other things) trade mark dilution. I am countering with the claim that BSD is ALREADY commonly called "BSD UNIX" or "Berkeley UNIX", and that BSDI has not created such usage, but is merely continuing the usage of many others *including AT&T*. THIS is why what AT&T says is very important. It indicates that BSDI is not weakening the distinctiveness of the "UNIX" trade mark, merely *recognizing* its already weakened state. Go to the computer books section of your favorite bookstore, and look carefully. A LOT of authors and publishers consider BSD to be UNIX. They use the phrases "BSD UNIX" and "Berkeley UNIX" very freely. BSD *is* UNIX. It makes no sense to me that AT&T should consider BSD's "ITS-UNIX" labeling of its telephone number to be trade mark dilution. Now I'm sure some of you will be tempted to counter with, "But the BSD that BSDI is selling isn't the BSD that's called 'Berkeley UNIX'." And why not, I might wonder. "Because BSDI's BSD no longer has AT&T code in it..." A smart judge would say, "Aha!" -- Rahul Dhesi <dhesi@rahul.net> also: dhesi@cirrus.com