4
Apr/03

LINUX Tademark Tussle in Germany


Strange article  via NameProtect regarding a German lawyer hassling Linus Torvalds, owner of the LINUX trademark, in Germany.  Misinformation, possible due to bad translation: while German trademark law does contain a 5 year user requirement, a German registration does not expire after 5 years as the article implies (German trademarks have 10 year terms, same as the U.S.).  If challenged in a cancellation proceeding, Torvald would have the opportunity to show that he uses or authorizes the use of the LINUX mark in Germany.  However, the article is a report of this original article in German (which I cannot speak) and maybe it gets it right.  There is apparently no reference to Tux the penguin in the article.  More on Tux here.

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