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- Xref: sparky gnu.misc.discuss:3022 comp.org.eff.talk:5808 comp.unix.bsd:5612 comp.os.mach:1263 misc.int-property:976 alt.suit.att-bsdi:297
- Newsgroups: gnu.misc.discuss,comp.org.eff.talk,comp.unix.bsd,comp.os.mach,misc.int-property,alt.suit.att-bsdi
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- 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
-