This seemed relevant - recieved from linuxdoc.org mailing lists..
---------- Forwarded Message ----------
Subject: Linux Documentation Author Werner Heuser threatened with 6 months imprisonment or 250.000.- EURO penalty for supposed tradmark infringment Date: Wed, 09 Jan 2002 15:25:30 +0100 From: Kurt Pfeifle kpfeifle@danka.de To: "announce@linuxdoc.org" announce@linuxdoc.org, "discuss@linuxdoc.org" discuss@linuxdoc.org, "docbook@linuxdoc.org" docbook@linuxdoc.org Cc: wehe@mobilix.org
Off topic -- cross posting is deliberate...
############################################################################# ############### ## 6 months imprisonment or 250.000.- EURO penalty to Linux Documentation Author -- ## for infringing comic character "Obelix" through free Laptop support Website "MobiliX"?? ############################################################################ ################
After having gotten a request (in June 2001) from German legal representatives of "Les Editions Albert Rene" (Paris), holder of the trademarks "Asterix" and "Obelix", to unregister the name MobiliX, they now took legal action against Werner Heuser (mailto:wehe@mobilix.org), well-known amongst Linux-laptop users for authoring the "Linux-Mobile-Guide" (formerly called the Laptop-HOWTO), published by the Linux Documentation Project.
MobiliX (http://mobilix.org/), his own website, is dedicated to "Mobile UniX systems" on laptops, PDAs, cell phones and more. It carries lots of useful hands-on information about installing and running Linux and BSD on laptops, PDAs and other mobile computer devices -- and of course it is free to use via the internet. It exists since five years and besides the famous site "Linux on Laptops" (http://www.linux-laptop.net) by Kenneth E. Harker it seems to be biggest resource on this topic.
MobiliX is an acronym of the words "mobile" and "UniX". To avoid legal trouble, Werner had registered this name at the German trademark register in 1999. It is a common practice to build new names for Unix related topics from a word naming the topic and adding the letters "iX" at the end. Some examples are: AIX, Eurix (Comfood), Sinix (Siemens-Nixdorf), SkroBelix, Skyrix, Ultrix, Xenix. The German computer magazine iX is even just named by these letters. The name Unix itself is a registered trademark of AT&T, X/Open. The very name Mobilix is already registered for a German manufacturer of children furniture -- but don't seem infringed, because of the different industry they are in. Before the legal action, Werner didn't reference in any way towords comic characters Asterix or Obelix on his web pages.
The name of his website MobiliX.org is supposed to be mistaken for Obelix, according to the charges.
The trademark Obelix was registered by German lawyer Guenter Freiherr v. Gravenreuth. The legal charge is up to 250.000 USD or six months prison. The costs of the first instance are app. 15.000 USD. Werner Heuser has decided not to withdraw the name "MobiliX". He is supported by the German lawyers Jaschinski, Biere und Brexl - JBB (http://www.jbb-berlin.de).
This case is another one in the recent series of trademark troubles for Free Software projects (SAMBA, Kylix, Kilustrator, SELFHTML, SuSE, ..). Therefore this case is very important not only because many of these projects have names ending on "iX".
Current news about the case are at http://mobilix.org/mobilix_asterix.html
Please support Werner to fight this attack.
[submitted by Kurt Pfeifle pfeifle@kde.org]
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John Tapsell tapselj0@cs.man.ac.uk cites:
The trademark Obelix was registered by German lawyer Guenter Freiherr v. Gravenreuth. The legal charge is up to 250.000 USD or six months prison. The costs of the first instance are app. 15.000 USD. Werner Heuser has decided not to withdraw the name "MobiliX".
The problam is that "Obelix" is probably a well-known trademar and not easily refuted -- and it can clearly be shown in court that "MobiliX" and "Obelix" sound confusingly similar. Looks like a lost case, IMHO.
On Wed, Jan 09, 2002 at 10:20:28PM +0100, Florian Weimer wrote:
The problam is that "Obelix" is probably a well-known trademar and not easily refuted -- and it can clearly be shown in court that "MobiliX" and "Obelix" sound confusingly similar. Looks like a lost case, IMHO.
I would even more expect similarity with Mobil Oil and less with Obelix. Actually, MobiliX differs in some points from Obelix. First, it starts with another capital, M instead of O, then in the middle it uses an e instead of an i and last but not least, it ends in a total different manner then Obelix, thus giving it enough difference for all people that can actually use their brains to other tasks than avoiding been flooded by rain...
For me, this is an artificial constructed case. FvG found just another possibility to profile himself into media and earn money. And he (ab)uses the given leaks in laws to increase his salarys.
FvG has constructed many and many cases for years now. Do you remember "Tanja"?
I wonder how one can stop FvG? I mean: when a doctor is doing something wrong you can sue him and let his work permission get revoked... I'm sure there exists a way for black sheep lawyers as well. The only problem is to prove that he is a black sheep. *sigh* although this should be clear for every openminded person...
And for the case, FvG is reading this: this is just only the expression of feelings I have and may differ from any truth and reality and may be I would think different when I know what he does know... may be, may be not... who knows? ;)
...
For me, this is an artificial constructed case. FvG found just another possibility to profile himself into media and earn money. And he (ab)uses the given leaks in laws to increase his salarys.
Please note again FvG has registered the trademark Obelix for Les Editions Albert Rene. He didn't charge MobiliX.
Werner
On Wed, Jan 09, 2002 at 11:34:48PM +0100, Werner Heuser wrote:
For me, this is an artificial constructed case. FvG found just another possibility to profile himself into media and earn money. And he (ab)uses the given leaks in laws to increase his salarys.
Please note again FvG has registered the trademark Obelix for Les Editions Albert Rene. He didn't charge MobiliX.
Oh, my point wasn't who exactly sued MobiliX. I just wanted to point out that in most cases when someone sues somebody else regarding some trademark infringements, there is always one name: FvG.
Coincidence? Think about it...