Obelix versus MobiliX: Trademark Threats Against Free Software

At least six Free Software projects were accused of trademark infringements during the first quarter of 2004. As the former owner of the MobiliX project I have been charged by the owners of the trademark Obelix. During the case I became aware of other Free Software projects under trademark siege. Commercial computer hardware and software manufacturers were also threatened. The accusations or charges were often but not only issued by major companies. There were issues between Free Software projects, too. Some of the projects had to change their names. Besides patent and copyright issues, trademark problems seem to become an other important legal issue. Besides the trouble for the charged projects itself, other projects which depend on their work are also threatened, .e.g. the SuSE Linux distribution was in danger to destroy all the CDs of 8.1 release a few days before delivery, because of the Crayon case. The presentation will give a brief history of the Obelix./.MobiliX case and the next legal steps after all appeals to court have been unsuccessfull. Then a survey about known trademark cases will be given. Finally, practical tips to avoid such legal cases will be discussed. Maybe a second speaker (a laywer specialized in Free Software law as well as trademark law) will accompany the talk.

Werner Heuser was born in 1957. He works in Berlin as a consultant on "UniX on mobile Devices". Available at his website TuxMobil http://tuxmobil.org are his HOWTOs: Linux-Mobile-Guide, Infrared-HOWTO, Ecology-HOWTO and the Debian Laptop Proposal as well as surveys about UniX on mobile hardware and software for mobile users. He is Debian GNU/Linux maintainer and founder of Xtops.DE, which sells pre-installed UniX systems on laptops and PDAs.