3 ms·

Not a lawyer, but it seems that they're applying under a different class of usage.

thaumasiotes 12y ago
I don't know about that. The GNOME project links to their trademark here: http://tsdr.uspto.gov/#caseNumber=76368848&caseType=SERIAL_NO&searchType=statusSearch http://tsdr.uspto.gov/#caseNumber=76368848&caseType=SERIAL_N... Under "Goods and Services", I see it as being marked "U.S Class(es): 021, 023, 026, 036, 038" (also classes 100 and 101, which appear to be services). Here's one of the trademarks Groupon's filing: http://tsdr.uspto.gov/#caseNumber=86287930&caseType=SERIAL_NO&searchType=statusSearch http://tsdr.uspto.gov/#caseNumber=86287930&caseType=SERIAL_N... In contrast to the GNOME trademark, this one is for goods classes... 021, 023, 026, 036, and 038. That doesn't seem all that different to me. As a sanity check, here's http://tsdr.uspto.gov/#caseNumber=86287912&caseType=SERIAL_NO&searchType=statusSearch http://tsdr.uspto.gov/#caseNumber=86287912&caseType=SERIAL_N..., the "FLAVOR FLIP" mark for "Brix controls sold as components of refrigerated beverage dispensing machines". Its listed US Class(es) are: 013, 021, 023, 031, 034. So I feel pretty safe in saying that Groupon applied for the GNOME mark in exactly the trademark classes that the GNOME foundation already owned it in. Also, I'm kind of curious what trademark classes 021 and 023 are.
- pbhjpbhj 12y ago
  I've not looked at the marks that GNOME (the linux distro/project) hold - as you say someone else can file for marks in other classes, separation by market area and geography allow for otherwise coterminous use of registered trademarks. However Groupon's _use_ http://investor.groupon.com/releasedetail.cfm?releaseid=848707 http://investor.groupon.com/releasedetail.cfm?releaseid=8487... is clearly going to cause confusion [in the legal, TM sense] with GNOME's whether GNOME's mark is registered or not. I'm not sure about the details of confusion clauses under the USC but it's definitely a thing in trademark law. Also, as your 2nd link shows Groupon's is a current application that is awaiting applicant response: presumably it's the use of the mark that GNOME are fighting at present rather than the ongoing trademark application (which they can simply make observations on that the examiner can use to reject the mark [or not if they're insane]).

I don't know about that. The GNOME project links to their trademark here: http://tsdr.uspto.gov/#caseNumber=76368848&caseType=SERIAL_NO&searchType=statusSearch http://tsdr.uspto.gov/#caseNumber=76368848&caseType=SERIAL_N... Under "Goods and Services", I see it as being marked "U.S Class(es): 021, 023, 026, 036, 038" (also classes 100 and 101, which appear to be services). Here's one of the trademarks Groupon's filing: http://tsdr.uspto.gov/#caseNumber=86287930&caseType=SERIAL_NO&searchType=statusSearch http://tsdr.uspto.gov/#caseNumber=86287930&caseType=SERIAL_N... In contrast to the GNOME trademark, this one is for goods classes... 021, 023, 026, 036, and 038. That doesn't seem all that different to me. As a sanity check, here's http://tsdr.uspto.gov/#caseNumber=86287912&caseType=SERIAL_NO&searchType=statusSearch http://tsdr.uspto.gov/#caseNumber=86287912&caseType=SERIAL_N..., the "FLAVOR FLIP" mark for "Brix controls sold as components of refrigerated beverage dispensing machines". Its listed US Class(es) are: 013, 021, 023, 031, 034. So I feel pretty safe in saying that Groupon applied for the GNOME mark in exactly the trademark classes that the GNOME foundation already owned it in. Also, I'm kind of curious what trademark classes 021 and 023 are.

pbhjpbhj 12y ago
I've not looked at the marks that GNOME (the linux distro/project) hold - as you say someone else can file for marks in other classes, separation by market area and geography allow for otherwise coterminous use of registered trademarks. However Groupon's _use_ http://investor.groupon.com/releasedetail.cfm?releaseid=848707 http://investor.groupon.com/releasedetail.cfm?releaseid=8487... is clearly going to cause confusion [in the legal, TM sense] with GNOME's whether GNOME's mark is registered or not. I'm not sure about the details of confusion clauses under the USC but it's definitely a thing in trademark law. Also, as your 2nd link shows Groupon's is a current application that is awaiting applicant response: presumably it's the use of the mark that GNOME are fighting at present rather than the ongoing trademark application (which they can simply make observations on that the examiner can use to reject the mark [or not if they're insane]).