85 lines
3.7 KiB
HTML
85 lines
3.7 KiB
HTML
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<TITLE>Petition to Cancel filed against Linux Trademark</TITLE>
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<H4>
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"Linux Gazette...<I>making Linux just a little more fun!</I>
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"</H4>
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<P> <HR> <P>
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<!--===================================================================-->
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<h2>Petition to Cancel Filed Against Linux Trademark</h2>
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<p>Members of the LINUX community have been up in arms during
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the past six months over the efforts of an individual named William
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R. Della Croce, Jr. from the Boston area to collect 10% royalties on
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sales from businesses marketing Linux products. He bases his written
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demands on a US trademark which he claims to hold on the name
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"LINUX" for a computer operating system. He, in fact, holds such a
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registered trademark, based on his claim made under penalty of
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perjury that he is the owner and first user of the mark for operating
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systems, and that he was not aware in 1994 or 1995 of any other
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person who might claim or be using this name and mark for an
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operating system. This claim is absurd on its face.
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<p>WorkGroup Solutions, Yggdrasil Computing, Linux International,
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SSC/<I>Linux Journal</I>, and Linus
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Torvalds have retained an internationally known software industry
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attorney, G. Gervaise Davis III, of the Davis & Schroeder law firm
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in Monterey, CA to seek cancelation of this registration on the
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grounds that it is fraudulent and obtained under false pretenses. Mr.
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Davis and his firm are handling the case on a vastly reduced fee
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basis, because of their long standing relationship with the U.S.
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software industry. Davis was the original attorney for Gary Kildall
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and Digital Research of CP/M fame in the 1980s.
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<p>A Petition to Cancel was in fact filed with the Trademark Trial and
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Appeals Board in Washington, DC. on November 27, 1996, detailing the
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improper actions of Della Croce and setting out the true facts with
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a number of exhibits and attachments. Mr. Davis advises us that we
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can expect to have further steps taken by TTAB, under their complex
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procedural rules over the next few months. TTAB will first notify
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Della Croce of the filing and permit him time to respond, then
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evidence can be collected and depositions taken, and then the
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parties can file briefs and other responses. Often these cases take
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more than a year to be resolved by a TTAB decision.
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<p>All of our industry is fully aware that Linus Torvalds developed
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Linux and that it has become one of the world's most popular
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operating systems during the past six years. The participants in this
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proceeding expect the TTAB to cancel the registration, after hearing
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and seeing the massive evidence demonstrating that Della Croce had no
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conceivable legal basis for his claim to the mark.
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<p>The petition itself was available on our website
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and on
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the websites of each of the petitioners and Mr. Davis' law firm.
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We urge that interested persons read it, and
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distribute it and this message to all members of the LINUX community
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so that they will be aware of what is being done about this
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outrageous trademark claim. We will try to keep everyone posted on
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developments in the case through user groups and webpages.
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<p>We will continue to keep you updated on the happenings in this action.
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Check the Linux Hot News Button for the latest updates.
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