Dispute over the Linux trademark settled
Summary
The dispute over the trademark “Linux” ended in 1997 with an out-of-court settlement that transferred the mark to Linus Torvalds. William R. Della Croce had registered it in Della Croce’s own name in September 1995, although Linux was already widespread, and had sued several distributors. Torvalds, Linux International and companies such as Digital Equipment sued in return.
Ideas
- An outsider registered a widely used project name as a trademark and demanded usage rights.
- The community defended itself in court together with companies.
- The settlement put the trademark in the hands of the project’s founder.
Insights
- Free software protects the code through the licence, but the name only through trademark law.
- Unclaimed project names invite free riders.
Facts
- Besides Torvalds, Linux International and several companies, including Digital Equipment, sued.
References
Critique
- The report cannot name the content of the settlement; whether payments or conditions were agreed remains open.
Remarks
- Today the trademark is managed by the Linux Mark Institute, which grants sublicences for using the name.
Recommendations
- Secure the name of an open source project early as a trademark or through a foundation.
- Check existing trademark registrations before choosing a project name.
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