Linux trademark bid faces deadline

A renewed bid to register the word "Linux" as an Australian trademark must meet an early April deadline or face defeat.

The nation's intellectual property regulator turned down an initial bid by local body Linux Australia to register the name on behalf of Linux creator Linus Torvalds in September 2005, saying the name was not distinctive enough to be trademarked.

But the US-based Linux Mark Institute (LMI), which acts for Torvalds worldwide said this week it was still considering a last-minute appeal.

"The deadline to file a response to the Examiner's rejection has not yet passed, and LMI and its attorneys are still determining if they will respond," a spokesperson for the body told ZDNet Australia in an emailed statement.

The deadline is understood to fall in the first two weeks of April.

If LMI succeeds in the appeal, it could prevent companies in Australia claiming the name as their own, or using it in trade without paying royalties to LMI. Sydney-based lawyers Truman Hoyle are acting for LMI during the appeal process.

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Talkback 4 comments

    Thievery from LMI Anonymous -- 30/03/06 (in reply to #120131829)

    The term 'linux' has been public domain in Australia since the announced release of the linux kernel by Linus Torvalds in 1991. It is hence jointly owned by approximately 20 million Australian citizens that comprise the public.

    What compelling argument is there that justifies this attempted act of theft from these 20 million people? The given reasons for doing this - to extort money from people ( aka license fees ) currently using this public domain term.

    Screw the LMI for being a such a contemptible bunch of shysters and bottom-feeding criminals.

    well well Anonymous -- 31/03/06 (in reply to #120131830)

    So they are capitalists after all!

    Don't complain if you don't know what you're talking about Anonymous -- 03/04/06 (in reply to #120131830)

    Quote: "The term 'linux' has been public domain
    in Australia since the announced release of
    the linux kernel by Linus Torvalds in 1991."

    You obviously have no idea what the term "public domain" means. The source code for the Linux kernel is not public domain and never has been. What the trademark application is about is the name "Linux": it's nothing to do with the rights to the source of the kernel.

    What it *is* about, is preventing someone else from creating their own software and naming it "Linux" when it's nothing to do with what we all collectively refer to as the Linux kernel.

    I'm totally sick and tired of people who can't get it through their heads that protecting the name "Linux" as a trademark is to protect their ability to know that we're all talking about the same thing.

    Maybe you think it's unfair that a trademark on the term "Linux" would prevent random people naming their software projects Linux and confusing everybody. Maybe we should all just call every piece of software "Linux" no matter what it is. After all, we don't want to take away the imaginary rights that 20 million people have had since 1991 to use the term "Linux" for whatever they like.

    Quote: "The given reasons for doing this - to
    extort money from people (aka license fees)
    currently using this public domain term."

    Oh go jump in the lake. Do you have to pay a fee every time you say the word "Coca-Cola" out loud? Of course not. But do you think you'd get away with creating a fizzy soft drink and selling it as "Coca-Cola"? You'd be in court in a heartbeat. But by your logic everyone should have a "right" to use that term for whatever they like.

    The Linux trademark is exactly the same. It's specifically to protect the meaning of the word, and to make sure it is only used to refer to what we all know it refers to.

    Linus Torvalds not Linux Anonymous -- 31/03/06

    Its Linus Torvalds not Linux Torvalds but if the trademark is valid in the rest of the world whats the problem with australia ?

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