German Linux Projects under Trademark Trouble

Werner Heuser Werner.Heuser at
Tue Aug 13 15:12:18 UTC 2002


as you probably know already, my project MobiliX is under
severe trademark charge by the owners of Obelix. This case
is going into the second round in court since yesterday. Also
I know at least of two other Linux projects which have
been charged by "Lés Editions Albert René". Therefore I think
there is time to do something to prevent further trademark
trouble for the community. What do you think of a fund?
Actually I don't need money to cover the fees (which are
app. 60.000 Euro if the trouble goes through each of
the three possible courts), but since the other projects
didn't dare to defend the charge I suppose they didn't have
the money to do so.


ObeliX ./. MobiliX: The Gauls want a second round in court

Though Obelix has lost the charge against the trademark 
<a href="">MobiliX</a>, 
the Gauls want a second round in court. Even before the end of the 
appelation time "Lés Editions Albert René" has appealed against
the decision of the German court. To deliver detailed arguments
their lawyers now have time until 26th September.
The charge about 250.000 USD was accusing 
<a href="">MobiliX</a> of using 
a name which might be mistaken for Obelix. And therefore abusing 
the good reputation of Obelix. But during the first round 
in the court at Munich these arguments were rejected by the judges. 
The judges argued that the trademark MobiliX is built from 
the word "Mobil" and the abbrevation "iX". This abbrevation 
is a very common description for UniX projects. But this didn't 
impress the plaintiff, they are continuing their way through
the courts and they are already charging other German Linux
projects. At <a href="">MobiliX</a> many 
informations about BSD, Linux and other UniXes on laptops, 
PDAs, cell phones and other mobile computers are available. 
The documentation of the case is available
<a href="">online</a>.

|=| Werner Heuser = Keplerstr. 11A = D-10589 Berlin = Germany
|=| <wehe(@)>       T. 0049 - (0)30 - 349 53 86
|=|         Linux and BSD on Mobile Computers
|=| http://Xtops.DE            Laptops+PDAs pre-installed with UniX
|*| This  is  no  time  for  phony  rhetoric  --  Lou Reed

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