On Sat, May 08, 2004 at 07:49:05PM -0400, Ken Elliott wrote:
> Paul >> "Windows" != "window managers"
> Robert >> See my point exactly.... But I was reminded of something....
> X-Windows uses the names Windows in there name but you dont see Microsoft
> all over them.
>
> I guess I don't know enough about trademark law to really know. I'm just
> saying it's odd for Microsoft to be able to trademark such a term that was
> clearly generic as far as software was concerned. Windows wasn't an OS at
> the time, since it sat on top of DOS. I figured since it was what was
> commonly called a "window manager" they shouldn't be able to get a judgment
> on it. X-Windows is another funny one... But what do I know...
(I believe X-Window existed before MS Windows, FWIW.)
Trademark law isn't a science. As I understand it, all you have to do is
get there first and persuade the folks at the Patent & Trademark Office
(PTO) that you've been using this mark in commerce for X time. And then
hope someone else doesn't come around who's been using the mark in that
context for longer. But even then, their case will be immeasurably
weaker because they failed to file first with the PTO.
Patent law is worse. With the acceleration in technology, it's become
almost impossible for patent examiners to keep up. These days they
frequently grant patents in areas where there is prior art, which
generally invalidates a patent when confirmed. Even if there is prior
art, someone has to bring it to the attention of the PTO and convince
them. It's a real pain.
Paul (IANAL)
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