discuss: Request for wxWindows License approval

Rod Dixon, J.D., LL.M. rod at cyberspaces.org
Wed Oct 23 10:35:20 UTC 2002

There is a strong argument that wxWindows refers only to the windowing
functionality that is a generic use. It's a strong argument, but that is all
it is. You are correct that MS is not getting a favorable response from the
court so far in the Lindows matter, but the USPTO also denied registration
of windows trademarks initially, but relented after tenacious lawyers
persisted.  I have not analyzed your use of wxWindows. Please understand
that I am certainly NOT positing a legal opinion on that.  My comment was
directed at OSI, which has its own trademark interests to consider, and it
may be that OSI will ask you to have your lawyer submit a document showing
the due diligence on this. If all turns out well, the irony is apparent when
you consider the apposition of an open source mark with the claimed mark
"Windows." See http://www.microsoft.com/trademarks/t-mark/nopermit.htm


----- Original Message -----
From: "Julian Smart" <julian.smart at btopenworld.com>
To: "Rod Dixon, J.D., LL.M." <rod at cyberspaces.org>; "John Cowan"
<jcowan at reutershealth.com>
Cc: <license-discuss at opensource.org>
Sent: Wednesday, October 23, 2002 3:17 AM
Subject: Re: discuss: Request for wxWindows License approval

> At 21:09 22/10/2002 -0400, Rod Dixon, J.D., LL.M. wrote:
> >I cannot resist calling out the irony and twists-of-fate of an OSI
> >certification of a wxWindows open source software product. If OSI has the
> >temerity to grant that one, yall should send out a press release.
> >
> >Seriously, let's be careful with how we view other trademark matters when
> >the expectation is that the OSI mark should be equally respected. [I am
> >the soapbox now].
> Hi,
> Do you think you could clarify? I don't understand what you're
> referring to here... perhaps the fact that the name has
> 'Windows' in it? It's been 10 years and MS hasn't sued yet,
> and the Lindows case didn't go well for them. I certainly
> didn't intend to abuse the name, and in fact I was using
> Windows in a generic (windowing) sense (it's only the first
> 'w' that refers to the MS product :-))
> Thanks,
> Julian

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