Linux trademark enforced in Australia
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A lawyer acting on behalf of Linus Torvalds has written to Australian Linux vendors asking them to relinquish any legal claim to the name Linux and purchase a licence for its use from the worldwide trademark owner.
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The 28 July letter from Perth lawyer Jeremy Malcolm -- posted online -- asks vendors to either confirm they had already purchased a licence from the Linux Mark Institute (LMI) to use the term or sign a statutory declaration waiving any claim to exclusive rights to its use. In return for a signature, Malcolm said, the LMI would ratify the vendor's use of the term Linux and waive all rights regarding any previous trademark infringement. That vendor would then, however, be required to obtain a licence costing between US$300 and US$600 from LMI for continued use of the term.
The LMI –- appointed by Torvalds as the "worldwide exclusive licensee of the Linux trademark for the purposes of protecting that trademark from misuse" -– and local body Linux Australia have been involved in an 18-month struggle to register the term as a trademark in Australia. Full Story |
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