SCO Playing Name Games 210
Ghost in the Shell Game writes "We've long known that SCO has had a twisted view of UNIX history, sometimes pretending to be oldSCO when it suits them, and a separate business entity when it does not. However, according to this piece on Groklaw, they're now registering the UNIX System Laboratories trademark in what looks like an attempt to confuse history further. If you're wondering how they can do this, the USL trademark was abandoned in 1993, when USL was bought out by Novell. Hopefully, no one will be fooled by this name game, any more than we were when the spyware maker Gator changed their name to Claria."
Obsolete names for sale! (Score:5, Funny)
Re:Obsolete names for sale! (Score:3, Interesting)
Re:Obsolete names for sale! (Score:2)
Re:Obsolete names for sale! (Score:5, Funny)
Re:Obsolete names for sale! (Score:5, Funny)
Heh, I remember back in the late 70s-early 80s Wang was having a contest for user comments for their wordprocessor that could be put on a T-shirt. Winner would receive a new Wang wordprocessor.
I entered:
For some reason, I didn't win.
--ern
Re:Obsolete names for sale! (Score:2, Funny)
She really was!
She had an Apple in one hand and a Wang in the other!
ba da bing!
Re:Obsolete names for sale! (Score:2)
But not vice versa.
Re:Obsolete names for sale! (Score:3, Informative)
http://www.uspto.gov/web/offices/tac/doc/basic/app content.htm#basis
Cheers!
Erick
Re:Obsolete names for sale! (Score:5, Informative)
The application should include your "basis" for filing. Most U.S. applicants base their application on their current use of the mark in commerce, or their intent to use their mark in commerce in the future.
What is "use in commerce"?
For the purpose of obtaining federal registration, "commerce" means all commerce that the U.S. Congress may lawfully regulate; for example, interstate commerce or commerce between the U.S. and another country. "Use in commerce" must be a bona fide use of the mark in the ordinary course of trade, and not use simply made to reserve rights in the mark. Generally, acceptable use is as follows:
For goods: the mark must appear on the goods, the container for the goods, or displays associated with the goods, and the goods must be sold or transported in commerce.
For services: the mark must be used or displayed in the sale or advertising of the services, and the services must be rendered in commerce.
If you have already started using the mark in commerce, you may file based on that use. A "use" based application must include a sworn statement (usually in the form of a declaration) that the mark is in use in commerce, listing the date of first use of the mark anywhere and the date of first use of the mark in commerce. A properly worded declaration is included in the USPTO standard application form. The applicant or a person authorized to sign on behalf of the applicant must sign the statement. The application should include a specimen showing use of the mark in commerce.
What is "intent to use"?
If you have not yet used the mark, but plan to do so in the future, you may file based on a good faith or bona fide intention to use the mark in commerce. You do not have to use the mark before you file your application.
An "intent to use" application must include a sworn statement (usually in the form of a declaration) that you have a bona fide intention to use the mark in commerce. A properly worded declaration is included in the USPTO standard application form. The applicant or a person authorized to sign on behalf of the applicant must sign the statement.
Re:Obsolete names for sale! (Score:2)
The name game? (Score:2, Funny)
Yes, ladies and gentlemen, Darl McBride has whined himself back into the early stages of childhood. Film at eleven.
You can't sue us, IBM... (Score:5, Funny)
Re:You can't sue us, IBM... (Score:5, Funny)
Re:You can't sue us, IBM... (Score:2)
Name game (Score:5, Insightful)
Re:Name game (Score:2)
It's the opposite of this...the RIAA wants to sue anybody that even uses or sells the Napster name simply as a pissing match.
cigs? (Score:5, Interesting)
Re:cigs? (Score:2)
P.H. is trying to change their main corporate culture away from "a smoking comapny." Thus, they turned P.H. to a subsidiary and use a new name for the over-corp.
Re:cigs? (Score:3, Informative)
Philip Morris has been held in a holding company since 1985. PM is still a company.
All they did was changed the name of their holding company, which owns things much larger then just the PM tobacco company.
TV ads from Avis rental car ads, Century 21, or Howard Johnson do not say Cendant [cendant.com] at the end, do they? Do you find this deceptive as well?
Nah, think bigger. (Score:3, Insightful)
When you buy your first pack you get "Death 40's" (Because they are smooth and oh so sexy!) Then after your birthday you walk into the store and -
"Gas, um, this Mt Dew, and a snickers and gimme that pack of Methol Death, what assholes, naming it that. My Mom said they used to have real names."
"Yeah, I kinda miss Joe and his coupons in the pack. Here ya go buddy, want that on your...?"
"Visa Uranium"
"Ok, it will bill you
Re:Nah, think bigger. (Score:3, Informative)
Re:Nah, think bigger. (Score:2)
Re:cigs? (Score:2)
It's a smart and honest business move. Seriously, I'm from Michigan who wants to raise cig taxes AGAIN to the highest in the country...think it would be a great move on PM's part to stop selling cigs [thru legal channels..state's gotta have their fingers in it
It's so obvious... (Score:5, Interesting)
Won't matter, though; stock has lost its $5 support, and it's only a matter of time before the shutters close on them.
Re:It's so obvious... (Score:3, Insightful)
It's not always that logical (as much as I wish it was). SCO issues this USL release and suddenly the stock spikes up to $4.55 after opening at $4.11. WTF??? Then again, if people are willing to believe Michael Moore, half the population cannot be reasoned with.
Re:It's so obvious... (Score:4, Interesting)
Re:It's so obvious... (Score:4, Insightful)
Re:It's so obvious... (Score:2)
Press Release (Score:2)
SCO announced today that investment expert AC predicted their stock [yahoo.com] to "go to $40,000", and stated it "simply isn't worth the risk" to continue to hold short positions.
About SCO
The SCO Group (Nasdaq: SCOX - News) helps millions of customers in more than 82 countries to grow their businesses everyday. Headquartered in Lindon, Utah, SCO has a worldwide network of more than 11,000 resellers and 4,000 developers. SCO Global Services provides reliable localized support and services to partners and
Re:It's so obvious... (Score:2)
Why, the cowards would attack me, of course.
Grab a copy of the 9/11 commission final report, and cross-reference whatever you think is false. Then make a point instead of doing asinine character assassination.
Re:It's so obvious... (Score:5, Interesting)
Re:It's so obvious... (Score:3, Interesting)
But how about this one:
"5) The SCO debacle has created a crisis within the Linux community. They pretend that it hasn't, but it has. This will come to a head in 2004 with either the development of a new organizational structure for Linux or the start of its demise. Linux has to grow or die, and the direction it takes will be determined in 2004."
I'm not really into these things, but are there really any signs that the "organizational str
Re:It's so obvious... (Score:2)
There are probably others who can provide more detailed info but I know that there's been some changes on the code-submittal front for the kernel (to verify ownership and create a trail in case of future lawsuits) and there's a group/company doing a complete code analysis and offering insuranc
Re:It's so obvious... (Score:3, Interesting)
Another issue... Isn't iBCS related to
Re:It's so obvious... (Score:3, Insightful)
Quite possible. Rather interesting thought, given that MS has used BSD code (finger, telnet, ftp utilities). I wonder if they'd want to support that kind of litigation.
Personally, I think it'd be interesting to see that case re-opened. Bad for BSD, but likely SCO will have lost all credibility by then, so perhaps i
Re:It's so obvious... (Score:2, Informative)
In practice, yes. In legal theory, no.
USL claimed copyright on the files, although the court indicated they'd be found invalid before the settlement was made. But without an actual ruling to that extent, one shouldn't assume so, given the nature of copyright law.
Caldera open-sourced them later. Which is a decision made on the premise of them actually owning copyright. (it's always worth repeating public domain = without any copyright, open source=copyrig
Re:It's so obvious... (Score:2, Insightful)
Is there anyway to tell who is providing the price support? Obviously SCO has a stock buyback plan in place, and it's such a thinly traded stock that they can just buy 10000 shares a day and it still doesn't compare to their legal expenses. But is there any possibility that anyone else would want to provide support?
MSFT probably wouldn't care about it. In all likelyhood they have given up the idea of using SCO as goons since they're incompetent.
A mu
Re:It's so obvious... (Score:2)
It's my understanding (from reading the Yahoo! Finance boards, at least) that it's institutions holding the bag right now, such as Royce. For these guys, the difference between $4 and $0 is negligible in light of the fact that they bought at $12-$20 (IOW, they've already lost, and have not much mroe to lose). They'll ride it into the ground on the slimmest chance it'll turn a profit.
Other than that, it's all shorts.
Heck, a lot of the institution
Has anyone noticed (Score:1, Funny)
Don't be so sad! (Score:5, Funny)
Well, that and Examinable? It's Sorry! Oust!
Re:Don't be so sad! (Score:2)
Re:Don't be so sad! (Score:5, Funny)
Sorry to Tux, labia nemesis
SCO SCO SCOX.. (Score:1)
http://www.google.com/search?hl=en&lr=&ie=UTF-8
Re:SCO SCO SCOX.. (Score:5, Interesting)
Re:SCO SCO SCOX.. (Score:3, Informative)
When hard news affecting the stock emerges you usually see higher volume trading and the price hardens. SCOX had held on to a $5 support level for some time but has now fallen to the next support level, $4. Someone, somewhere, is happy to buy SCOX at $4 but no more.
Slashlink on Claria/ Gator (Score:3, Interesting)
Somehow missed that one, myself (posted on a Saturday - that's why). I was wondering why I hadn't seen gator around much on the office ad-aware scans. Now claria, that's a name i've been seeing. don't think i like it any more.
SCO is just coming to terms with exactly how much they are hated and trying to change horses in mid-stream. But it won't work. Subpeanas are still PITAs and it doesn't matter whose name is on the letterhead of the C&D.
CORRECTION (Score:5, Informative)
UPDATE: I missed something. This next one was registered in 1993 and cancelled in 2000. Here it is:
Owner - (REGISTRANT) UNIX SYSTEM LABORATORIES, INC. CORPORATION DELAWARE 190 River Road Summit NEW JERSEY 07901
So it wasn't abandoned in 1993, it expired perhaps in 2000. Big difference.
Re:CORRECTION (Score:2)
Re:CORRECTION (Score:2)
Like many slashdotters, I like to come here and discuss articles I have already seen on Groklaw and The Register a few days before...
More SCO/Caldera/Unix Systems Labs bullshit... (Score:2)
You can change the name but you cant change the smell, and SCO, whadeva you call it [yahoo.com] stinks to high heavens.
I'm thinking... (Score:5, Funny)
'Cause you know, wretched hive and all that...
Re:I'm thinking... (Score:4, Funny)
In Imperial Mos Eisley, Rodian shoots you
Re:I'm thinking... (Score:2)
SCO shot first, but the gun jammed. And it was very small caliber anyway. And on closer examination it appeared to be carved out of soft cheese of some sort.
IBM has spent the last year carefully preparing to return 'fire', using its powerful orbiting battle station built entirely from defunct RMA'd hard drives.
Oblig. Monty Python (Score:5, Funny)
We are now the nights who say, "Iki iki iki p'tang ZOOP boing"!
Re:Oblig. Monty Python (Score:2)
(Quietly) Ni!
On a Night Like This... (Score:5, Funny)
"Iki iki iki p'tang ZOOP boing"! right (I'm guessing it's right)
and misspell Knights as nights?
Did you cut and paste this from somehwere (if so where?)
Or did you do it from memory?
Counter-action (Score:4, Interesting)
Why back SCO? (Score:2, Interesting)
Re:Why back SCO? (Score:2)
Re:Why back SCO? (Score:3, Interesting)
Most of the backers are hedge funds [wikipedia.org].
A hedge fund, being defined by extremely risky investments, can afford to buy a few lottery tickets.
Groklaw to the rescue...again (Score:5, Informative)
Should have kept the initials, but ... (Score:4, Funny)
Who wouldn't pay the licensing fee to Santa?
Pay me $699 for the children.
Re:Should have kept the initials, but ... (Score:2)
I guess we now know the answer to the immortal question, "Hey! How much for the leetle girl!?"
Re:Should have kept the initials, but ... (Score:2)
Product name changes, too (Score:3, Funny)
Then they can change all their employee's first names to John, ala Buckaroo Bonzai. Darl kind of reminds me of Lord John Whorfin. "Laugh while you can, monkey boy!"
John Small Berries? (Score:2)
How far is Summit, NJ from Grover's Mill, again?
-- Terry
Re:Product name changes, too (Score:2)
"Bomb On Board"? [abc.net.au] I don't believe for a moment UNIXWare could be "Best On Board"...
this kills me (Score:5, Interesting)
* Mozilla Web browser 1.6 adds new features including tabbed browsing, pop-up blocking, and PDF support
* Squid Web Proxy Cache 2.5STABLE5 with expanded authentication schemes, optimizes searching, SSL gatewaying, and more
* Perl 5.8.4
* Apache HTTP Server 1.3.31
* OpenSSH 3.8p1
* BIND 8.4.4
Re:this kills me (Score:2, Funny)
Don't you mean hybrid source?
And why the older versions of all these things? Can I get a hey for Apache 2? Mozilla 1.7? Bind 9?
It's like the PA strip: "Power of...shit!" "Form of...Obsolescence!" "Combine to form...a bunch of crap nobody cares about!"
Oh wait, I see what they're hybridizing now...
Re:this kills me (Score:2)
"Shit, another new version of PHP. Customers will ask for it even though they'll never use whatever is new."
Re:this kills me (Score:2)
I mean.. They have OpenServer, Unixware; Sun has Solaris Intel (and Solaris Hammer in development, Hammer counts as AMD for the purposes of this comparison,) there's Coherent, and then there's Xenix.
If by 'UNIX' you mean genetic descendents, then i'm sure NetBSD and likely other BSDs have got SCO eclipsed by many orders of magnitude.
Packard Bell. (Score:5, Interesting)
I suspect SCO (originally Caldera) wants to find a new name since they've destroyed any vestiges of goodwill attached to the name SCO. They'll probably wait until after the lawsuits, quietly change names and then seek a buyer for whatever is left of their business. They might even bring in new management chosen especially for their ability to convincingly express dismay with the sins of their predecessors.
Re:Packard Bell. (Score:3, Informative)
Yes, and if I recall, Packard Bell then proceeded to make some of the worst, crappiest computers known to man.
There won't be anything left of SCO in the end. In fact, are they even in the software business anymore? Do they even sell software? Do they innovate? Do they have people on their payroll who don't file la
Re:Packard Bell. (Score:2, Funny)
Selling their Unix business? (Score:4, Interesting)
In preparation for selling they might want to rebrand their Unix business from "SCO UnixWare" to something without the SCO name. "Unix Systems Laboratories" would do just fine.
Re:Selling their Unix business? (Score:2)
Wait... (Score:4, Funny)
BRRTTT!! Can't use somebody else's trademark (Score:3, Funny)
SOMEBODY needs to file a notice of objection (Score:3, Insightful)
Re:SOMEBODY needs to file a notice of objection (Score:2, Informative)
From sectiopn 4.1 of the agreement:
4.1 Combination of Trademarks in Product Names
Licensees may combine the UNIX Trademark with their own trademarks as a product name, provided they seek prior approval by submitting the proposed combination including a sketch of the proposed use. If approporate, to X/Open Company. X/Open Company may ask to review a proof
What About The Open Group? (Score:4, Interesting)
From The Open Group's Website [unix.org]:
This seems like a pretty blatant abuse of a trademark owned by someone else. I'm guessing that if they ever made good on their "intent to use" this designation they would be served by TOG in about 15 minutes, backed by the $5 PayPal donations of every geek on the planet Earth.
I guess ... (Score:4, Funny)
my favorite name change (Score:3, Interesting)
We're all supposed to think "altruism" and forget about their habit of peddling cancer sticks to young people.
Re:my favorite name change (Score:2)
I prefer to think of nutria [wikipedia.org].
Re: (Score:2)
Corporate name-changes (Score:5, Interesting)
We have a whole body of law -- trademark law -- to prevent companies from confusing customers by imitating other companies. Why do we allow them to confuse customers by pretending not to be themselves?
In recent memory, I can think of this one, the Gator to Claria switch, and Phillip Morris to Altria Group switch. Every one of them is a blatant attempt to shed bad PR and start fresh. But they EARNED the bad PR! Why can they legally drop a PR debt more easily than they can drop a financial debt?
At the very least, why doesn't the FTC review all name changes and reject ones that appear to be motivated by negative PR?
Where Is The Cash for the Fight Ahead??? (Score:4, Interesting)
Re:Where Is The Cash for the Fight Ahead??? (Score:2)
There are no BSD vendors with big pockets out there. SCO can sue individuals as long as they like. It will only be a drain on their litigation money and will lead them nowhere.
You can' hide (Score:2)
Next name for SCO... (Score:2, Funny)
Microsoft can't touch dat!
USL? (Score:3, Funny)
Is this to try to show "need" for the copyrights? (Score:3, Insightful)
As I recall, the much debated Asset Purchase Agreement between Novell and OldSCO specified something to the effect of only including copyrights and trademarks that were "necessary" for the unix business that oldSCO bought from Novell.
Is SCO now planning to claim that they "need" the copyrights to go with the "Unix System Labs" trademark in some bizarre argument?
SCO will lose rights to UNIXWARE trademark (Score:3, Informative)
From 4.1 Combination of Trademarks in Product Names
"Licensees may combine the UNIX Trademark with their own trademarks as a product name, provided they seek prior approval by submitting the proposed combination including a sketch of the proposed use. If approporate, to X/Open Company. X/Open Company may ask to review a proof of the final artwork."
"Licensees may use the UNIX Trademark as part of the proper name of a product."
"The License specifically prohibits Licensees of any Trademarks from registering with the relevant trademark authorities specific forms of the Trademarks including Trademarks used in combination."
SCO, GTE/Vorizon, ... others always spin story... (Score:2)
GTE/Vorizon purchased BBN and then did a commercial claiming they created the internet.
Nothing new here. It is now 2004/07/29 just 30mi South of NYC and still no xDSL for my home, and the FCC think they are doing a great job, what a MF joke on US.
OldHawk777
Why won't OpenGroup protect their trademark? (Score:2)
I don't think I could make a soft drink called Pepsi-beverage without getting permission from Pepsi. I'm sure USL violates OpenGroup's trademark, but it doesn't seem like OpenGroups wants to do anything.
Why not? (Score:3, Funny)
There is nothing wrong with what SCO is doing here.
Why is this a story?
Re:A Rose by any other Name... (Score:2)
Re:A Rose by any other Name... (Score:3, Insightful)
Re:Fighting the Losing Battle... (Score:2)
Re:obligatory army of darkness (Score:2)