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Re: Express Logic claims GUIX trademark


From: Tobias Geerinckx-Rice
Subject: Re: Express Logic claims GUIX trademark
Date: Mon, 11 Mar 2019 20:00:16 +0100

Guix, mikadoZero,

I know you're not a fan of [the common pronunciation of] the name Guix, but going straight from my ironic quote of a shitty PDF to a public and ‘proactive name change’ proposal is at best premature.

If it is the case that Guix the free software project does not have a trademark for Guix, then I would like to share what looks like a clear parallel. It involves another free software project that used to be called Jade. Jade did not have a trademark for Jade. A software company had the trademark for Jade. The company forced Jade to change
it's name.

Wow. That's super disingenuous (by ‘that’ I mean the original posts[0], which you accurately paraphrase). It certainly didn't leave me with the favourable impression of the Free software project that was probably intended.

Yes, if you start a software repo in 2010 using the name that a software(!) company had registered in 2003 for their (you guessed it) software, you might be ‘forced’ to be just a bit more original. The heart truly weeps. At least they restyled themselves Pug and not UnderDog.

So no, and luckily for everyone, there are few parallels to Guix to be found here.

It took me all of 20 seconds to find the actual GUIX trademark registration[1], so we can stop basing this discussion on regrettable typographical choices in press releases.

It's 4 months old.

Meanwhile, we have:

 commit 207cba8114d354737b231e510d6110ea2a42e07b
 Author: Ludovic Courtès <address@hidden>
 Date:   Wed Apr 18 23:21:11 2012 +0200

   Initial commit.

Do 6+ years of prior public use trump registration? Not necessarily, but it's a far cry from what the Jade-lang folks did.

I think we should talk to a lawyer.

Kind regards,

T G-R

[0]: https://github.com/pugjs/pug/issues/2184
[1]: http://tsdr.uspto.gov/#caseNumber=87948650&caseType=SERIAL_NO&searchType=statusSearch



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