[openbeos] Re: Please stop this nonsense.

  • From: "Michael Phipps" <mphipps1@xxxxxxxxxxxxxxxx>
  • To: openbeos@xxxxxxxxxxxxx
  • Date: Sat, 26 Oct 2002 14:34:11 -0400

>> It's really really hard to beat OpenBeOS (look at OpenOffice.org)
>But it is necessary. BeOS is a brand name and brand names are worth
>lots of money because they are important marketing tools. Be, Inc
>invested a lot into building this brand name. Palm purchased Be, so
>they now own the rights to the name BeOS, and they probably paid
>quite a bit for it. Since the name OpenBeOS is clearly derived from
>BeOS, Palm could sue (or just threaten to sue) Michael Phipps for
>trademark infringement. Unless Palm licenses the use of the name
>BeOS to Michael Phipps, we cannot use it. (On the other hand,
>trademarks must be defended. If you can prove Palm has known about
>OpenBeOS for quite some time and did nothing about it, they may lose
>their right to the trademark and we could claim it. That, however,
>is not something I'd bet on.)

I brought just this last part up to my lawyer. He said that it really isn't 
quite true. He has seen cases won, literally years later. 

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