Comment Re:Berne convention? (Score 1) 648
It has nothing to do with my view. It is a fundamental concept of trademark law that you can't associate your products with another trademark owner's brand without their permission. Dilution is much broader than Company X selling computers using the trademark of Company Y, who also happens to sell computers. Apple could be selling dog food, but if Apple's mark is famous, which it unquestionably is, it prohibits the use of Apple's mark in association with just about any other product.
Perhaps the better example is all of the product placement in movies. Nobody would believe that Coca-Cola or BMW or TagHeuer were the source of the latest action movie, but that doesn't give the movie studio the right to display the hero driving a BMW without BMW's permission. By placing a BMW in the movie, there is a belief that BMW has consented to its association with the film. By using the Apple OS on a Psystar, there is a belief that Apple has consented to that use.
The Microsoft and Linux business model allow association of the OS with any type of hardware from any source (Dell, HP, Fly-By-Night Computers, whatever). Apple has not, does not, and is under no obligation to adhere to that model, no matter how many people want to run MacOS on a PC and no matter how many companies like Psystars decide they are going to put the MacOS on their machines regardless of how Apple feels about it.