Re: [OFF-TOPIC] Register Linux

H. Peter Anvin (hpa@transmeta.com)
24 May 1999 09:01:45 GMT


Followup to: <199905221142.LAA11215@ana.col.psi.br>
By author: "Leonardo Marques de Souza" <leo@opensystem.org.br>
In newsgroup: linux.dev.kernel
>
> Helo,
>
> I would like to know, any one (one each country, depending of
> law) can register "linux" to deny others ,in the same country,
> to sell CDs, Disks, Books
> with "Linux" inside??
> A enterprise in Brazil, are trying to register "linux" to deny
> others to sell CD with mark "Linux" subscribed on CD. For
> example: If i try to sell CDs with name "Linux UlaUla" i can't
> !!!! olny with name "UlaUla OS" or "OSx"or others name without
> "Linux" in.....
>
> Its'possible!!??? "Linux" name is not a international
> trendmark of Linus or Gnu?
>

<THIS IS NOT LEGAL ADVICE - CONSULT A LAWYER>

Yes, it is. Even if it is not registered in a particular country, per
international trademark law you don't have to register it (it just
simplifies the burden of proof.) In most countries, attempting to
register a trademark knowing it is already in use is considered fraud,
and is criminal.

-hpa

-- 
"The user's computer downloads the ActiveX code and simulates a 'Blue
Screen' crash, a generally benign event most users are familiar with
and that would not necessarily arouse suspicions."
-- Security exploit description on http://www.zks.net/p3/how.asp

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