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Re: [K12OSN] Re: K12Linux branding ideas



On Tuesday 09 September 2008 08:47, Henry Hartley wrote:
> Micha Silver wrote
>
> > >> On Monday 08 September 2008 12:50, Warren Togami wrote:
> > >> How about:
> > >> K12Linux Terminal Server F9 Beta 2
> > >> K12Linux Terminal Server F9
> > >> 12Linux Terminal Server F10
> > >> K12Linux Terminal Server EL6
> >
> > I hope there are no copyright issues on the name "Terminal
> > Server". I think that MS has copyrighted "Terminal Services".
>
> Well, it would be a trademark issue, not copyright.  The only thing a quick
> search of the USPTO trademark database (TESS) found when I searched for
> "Terminal Server" was "Simplify Terminal Server" registered to a company
> called Tricerat, Inc. in Columbia, Maryland.  There were two other hits but
> they were abandoned 8 and 14 years ago respectively.
>
> http://tess2.uspto.gov/bin/showfield?f=doc&state=p3ttg5.2.1
>
> I'm not a lawyer but I don't think the name "K12Linux Terminal Server"
> poses a risk to "Simplify Terminal Server" (although the software might,
> but that's a completely different matter).  Interestingly, a Google search
> for "Simplify Terminal Server" on the Tricerat Web site produces zero hits.


I don't believe it's a problem.  The expression "terminal server" has been for 
decades, and still is, in wide use (just ask any network engineer) and is 
what's called in legalese a "generic term".  That's why Microsoft settled so 
quickly with Lindows (for lots of money!) back when they found out they were 
about to lose their "Windows" trademark.  Remember a few years back when 
Microsoft tried to sue Lindows out of existence?  :-)  The judge had already 
made clear his position on the matter and was just about to hand down his 
official ruling.  The expression "Microsoft Windows" is trademarkable, 
sure...but not just "windows".  The same applies to the word "office" (think 
OpenOffice and WordPerfect Office here).

Thus, "Microsoft Terminal Server" or "Microsoft Terminal Services" is 
trademarkable.  But not "terminal server" or "terminal services".  We're 
safe.

--TP


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