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The End, the Real End, of the Trademark Tale
Friday, July 14 2006 @ 02:36 PM EDT

Back in March, in an article called The End of the Trademark Tale, I told you that SCO had failed to appeal the letter of denial from the USPTO on their application on the mark UNIX SYSTEM LABORATORIES, and I said that I thought that was the end of SCO's excellent trademark adventure and that the application would be marked abandoned. It was.

Today, if you go to the USPTO site, you will find SCO's application marked:

Current Status: Abandoned - Failure to Respond or Late Response

And if you search the USPTO Search Collections page and choose Search Trademark Assignments typing in "The SCO Group" [without quotation marks] in the line marked "Assignor Name", you'll find that the trademark UNIXWARE was assigned to X/Open and also here[scroll all the way to the bottom of the first page].

And that is the end, the real The End, to the Trademark Tale.


  


The End, the Real End, of the Trademark Tale | 80 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
OT Here
Authored by: SpaceLifeForm on Friday, July 14 2006 @ 02:55 PM EDT
Make your links clickable if you have any.


---

You are being MICROattacked, from various angles, in a SOFT manner.

[ Reply to This | # ]

Corrections Here
Authored by: feldegast on Friday, July 14 2006 @ 02:58 PM EDT
So PJ can fix them

---
IANAL
The above post is (C)Copyright 2006 and released under the Creative Commons
License Attribution-Noncommercial 2.0
P.J. has permission for commercial use

[ Reply to This | # ]

The End, the Real End, of the Trademark Tale
Authored by: Anonymous on Friday, July 14 2006 @ 03:07 PM EDT
Does this mean then that their grand plan to userp the world of Unix and own it
all (as a poor second to their original plan to get bought out by microsoft) has
fallen into dissarray?

I don't quite see how they could have claimed such a misleading trademark
anyway. It semed about as sensible as, say, Linus Torvalds going for the
'Microsoft development labs' trademark.

SCO didn't develop Unix, all they did was buy the rights to some of it (I think,
not clear on that, did they buy rights?). The only significant thing they've
done is LKP, and, well, I've not seen that anywhere in the wild, is it actually
being used?

Most, if not all of the software that adds value to their product line is open
source software. That tickles me.

[ Reply to This | # ]

The End, the Real End, of the Trademark Tale
Authored by: Anonymous on Friday, July 14 2006 @ 03:28 PM EDT
So when is the Novell case going to be thrown out of court, and at whose
expense?

[ Reply to This | # ]

The End, the Real End, of the Trademark Tale
Authored by: cc0028 on Friday, July 14 2006 @ 03:30 PM EDT
Is it time to start gloating?

tSCOG aren't winning much at the moment. Long may this trend continue!

Peter

[ Reply to This | # ]

Trademark Chess
Authored by: The Mad Hatter r on Friday, July 14 2006 @ 07:21 PM EDT


Ah, but if they'd managed to get the Trademark issued, it might have helped.
Well, maybe not considering how badly everything else looks to be going.

You know that my wife is getting jealous of PJ? She says I spend more time on
Groklaw than I do talking to her!


---
Wayne

http://urbanterrorist.blogspot.com/

[ Reply to This | # ]

The End, the Real End, of the Trademark Tale
Authored by: blacklight on Saturday, July 15 2006 @ 06:36 AM EDT
"Today, if you go to the USPTO site, you will find SCO's application
marked:

Current Status: Abandoned - Failure to Respond or Late Response" PJ

SCOG tried to pull a fast one and hijack the UNIX trademark. However, SCOG was
simply unable to resolve the USPTO's objections, so the application dies. So
much for claiming to be the owners of the UNIX operating system.

This Litigious Darl's scorecard so far:
(1) Unable to prevail in the Chrysler-Daimler case
(2) Unable to seize the UNIX trademark
(3) Unable to prove ownership of the UNIX copyrights
(4) Unable to state concisely and consistently what the IBM suit is about
(amended the suit three times)
(5) 280 out of 290 claims thrown out for not meeting the specificity standard in
the IBM trial. Whether many of the 100 or so remaining claims will survive an
IBM PSJ is an open question.




---
Know your enemies well, because that's the only way you are going to defeat
them. And know your friends even better, just in case they become your enemies.

[ Reply to This | # ]

Not Quite the End, the Real End, of the Trademark Tale
Authored by: DaveJakeman on Saturday, July 15 2006 @ 10:19 AM EDT
SCO's application for the "USL" trademark (yes, another one: 78459875)
is still in the system, with "Live" status.

It ought to be dead by now. SCO was supposed to reply to this little nitpick,
among other things, sent out on 01-Dec-2005:

'Applicant must specify whether the letters “USL” have any significance in the
applicant’s trade or industry or as applied to the goods/services described in
the application.'

There's no sign of SCO having done so, but it's still listed as
"Live". Won't be long now though, I guess.

---
Shampoo for my real friends, real poo for my sham friends - not Francis Bacon
---
Should one hear an accusation, try it out on the accuser.

[ Reply to This | # ]

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