...to be able to keep blowing them off like this. Apprently, they tried to trademark “UNIX®”, “UNIXWARE®”, “UNIX SYSTEM LABORATORIES” and “UNIX SVR4.2” and bounced on all of them.
Worse, they appear to have deliberately lied in the applications, which is important for two of them, because The Open Group owns them, SCOX only licenses them, and those licence terms include this one:
The Licensee undertakes to not do or permit to be done any act [...] which might prejudice the right of X/Open Company to the trademarks
Attempting to steal the trademark certainly qualifies as an “act [...] which might prejudice the right of [The Open Group] to the trademarks”.
So at this point SCOX have:
- struck out on the four trademark applications; and
- breached their licence to use UNIX® or UNIXWARE®; and
- probably committed (more) fraud in the process.
Nice one, guys. An excellent followup to being called a liar by at least two court opponents and one judge. Need any more bullets?
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