Published August 20th, 2005 by Jim O'Halloran
Why the Linux Trademark is necessary
Groklaw explains why Linus needs to trademark “Linux” in Australia. This move has caused a fair amount of debate, and could have been communicated a little better, but the Groklaw piece explains the why fairly clearly. The two main reasons being:
Dilution causes of action are normally brought when the defendant’s use of the mark causes either
* “Blurring”, by which the connection in consumers’ minds between the plaintiff’s mark and the plaintiff’s goods or services is weakened; or
* “Tarnishment”, which means that the defendant’s use is unsavory or unwholesome, or the mark is used in connection with inferior products.