Open Group sues Apple over UNIX trademark

Posted:
in General Discussion edited January 2014
from Slashdot. Lots of interesting things there today! And a love triangle of unix lawsuits that make you dizzy. I liked this comment "Yes, in other news the FGA (Fruit Growers of America) is filing suit against Apple.



"Apple" is pretty damn generic term... get off soapbox!"

Comments

  • Reply 1 of 8
    eugeneeugene Posts: 8,254member
    I don't see how Apple's use of the term UNIX is any more illegal than other examples.



    From FreeBSD.org: "derived from BSD UNIX"

    From OpenBSD.org: "UNIX-like"

    From NetBSD.org: "UNIX-like"

    From Linux.org: " Unix-type"



    Apple refers to OS X as "UNIX-based" and not as a "UNIX." Apple is a for profit company though, so the OpenGroup is just seizing an opportunity.
  • Reply 2 of 8
    escherescher Posts: 1,811member
    Quote:

    Originally posted by Eugene

    Apple is a for profit company though, so the OpenGroup is just seizing an opportunity.



    I can't stand the high volume of litigation in American society. It makes me sick to the stomach. With that said...



    Apple (and its representatives) has sued, or threatened to sue (in cease and desist letters), many corporations and individuals to protect its intellectual property, trade secrets, and, most importantly, its business. It's only fair that other corporations and organizations employ the same tactics against Apple. There's no reason the OpenGroup should turn the other cheak when Apple never has.



    Escher
  • Reply 3 of 8
    amorphamorph Posts: 7,112member
    Quote:

    Originally posted by Escher



    Apple (and its representatives) has sued, or threatened to sue (in cease and desist letters), many corporations and individuals to protect its intellectual property, trade secrets, and, most importantly, its business. It's only fair that other corporations and organizations employ the same tactics against Apple. There's no reason the OpenGroup should turn the other cheak when Apple never has.





    Indeed. Also, trademark law doesn't leave you with a lot of options. You have to proactively defend your trademarks, or you lose them. That alone ensures a steady stream of C&D letters and lawsuits.



    In this case Open Group has been gnashing its teeth for years over the BSDs and Linuxes of the world being closely associated with, or actually called, UNIX. Apple is unique in this crew insofar as it presents a nice big commercial target to hit (that, and the BSD and Linux caretakers very carefully refer to their OS's as "BSD" and "[GNU/]Linux").



    [edit: After thinking about it a little more, and reading MacMinute's summary, it looks like there's more than just trademarks at stake. Open Group is trying to get Apple to certify as a UNIX, which is an expensive enough proposition that Apple's been trying to circumvent it for years. It looks like Apple's gone for the jugular here, by arguing that "UNIX" has become generic. Ouch.]
  • Reply 4 of 8
    thegeldingthegelding Posts: 3,230member
    Quote:

    It looks like Apple's gone for the jugular here, by arguing that "UNIX" has become generic. Ouch.



    yes, smart move by apple...if they win unix is a generic term that can then be used freely by any company...they probably have a fairly good arguement too, i can easily see unix as a genertic computer term...didn't that happen with lots of US products? have to google search....



    g
  • Reply 5 of 8
    amorphamorph Posts: 7,112member
    Quote:

    Originally posted by thegelding

    yes, smart move by apple...if they win unix is a generic term that can then be used freely by any company...they probably have a fairly good arguement too, i can easily see unix as a genertic computer term...didn't that happen with lots of US products? have to google search....





    The most cited example is "aspirin," which was a trademark of Bayer until it was ruled generic. The most recent example is "Windows".
  • Reply 6 of 8
    powerdocpowerdoc Posts: 8,123member
    Quote:

    Originally posted by Amorph

    c. The most recent example is "Windows".



    most recent or most terrible ?
  • Reply 7 of 8
    thegeldingthegelding Posts: 3,230member
    Quote:

    Originally posted by Amorph

    The most cited example is "aspirin," which was a trademark of Bayer until it was ruled generic. The most recent example is "Windows".



    thanks...aspirin makes sense, windows seems strange...wasn't kleenix also ruled generic, or scott towels...one of them...



    if windows is generic, then unix would have to be considered generic too...i see unix as much more generic of a term than windows...





    g
  • Reply 8 of 8
    airslufairsluf Posts: 1,861member
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