To the general public..
I sent the following email to the authors and maintainers of this project on June 18th, 2002, and have yet to hear back from them though I did receive SMTP return-receipts from them proving they DID receive and read that message. I applaude these people for coming out with a secure open-source project but not when they violate the law and just common sense.
Developers: PLEASE respond to this or my original email. This is a serious issue and if need be, I will take any required legal action to stop you from using the TrinityOS (tm) name. I don't mean to sound harsh but I have to protect the TrinityOS brand.
Date: Tue, 18 Jun 2002 09:01:15 -0700
From: "David A. Ranch" <email@example.com>
Subject: TrinityOS name Trademark and Copyright conflict
Cc: firstname.lastname@example.org, email@example.com, firstname.lastname@example.org,
Content-Type: text/plain; charset="us-ascii"; format=flowed
Hello Stefan, other Linux developers, SourceForge, and Fortunecity,
My name is David Ranch and I'm the author of the IPMASQ howto on the Linux Documetation Project (LDP). In addition to this, I've also been writing and maintaining a documentation and software package called TrinityOS(tm) since 1992.
TrinityOS a very popular documentation and securing software suite for Linux users and is all over Google and most other search engines (try searching for "TrinityOS").
Recently, a TrinityOS user pointed out that your group started a Linux project also called "TrinityOS":
Stefan, did you try to research the name before you choose it? As I've mentioned, I've been writing this document since 1992 and I have both Trademarked the TrinityOS name as both software
and documentation as well as and Copyrighted the material. I also own the TrinityOS.com/net/org Internet domains as well.
I realize that your Linux project is new and it looks very promising but the name is definately a problem. I though I hate to ask but I need to ask you change the name of your project immediately on all of your sites as this is infringing on both US Trademark and Copyright laws. I absolutely don't want to cause any undue conflict regarding this issue but I went through a lot of pain and money to protect the TrinityOS name and I plan on protecting my work.
Due to the current situation, I am removing myself from this project until such time as the problem has been resolved.
I'd urge anyone in position to remove the
violation to be prompt in doing so. The
next ox gored could be mine--- or yours.
Violating what ? The trademark, or wich interests ?
Trinity OS will be released under Trinity at all.
1st Thanks to Mr. David Ranch, I remeber from where comes Trinity, from the christian religion, not as nickname for the girl in The Matrix.
2nd. Depends on first, as most of us know, the Christian Religion comes from Israel, eg Trinity OS registered by me on SourceForge.net still remain to this name Trinity, but in Israelish - Shilosh.
3rd. And for last, one of the main goals of Trinity(Shilosh) is to be an international OS, inlcuding every small country like Maltese Islands, and ppl can say Trinity in everyone language of this world.
In Bulgarian is Svetata Troica, in English Trinity, in Israelsh - Shilosh, and every where on the planet, every know, how to say it in own language.
10x for you cooperation guys, I need this to remind from where we start it. Special thanks and to Mr. David Ranch, to remind me for one of the primary Shilosh/Trinity/Svetata Troica goal.
Please think about the legal and fairness issue,
not the religious or linguistic side issues.
David Ranch is asking for fairness and justice,
which are to me the same thing. I have urged
(in my previous posting) that the sourceforge project which now uses the name which Mr
Ranch has legally protected find a different name quickly and start using it.
Just to get the ball rolling in that more
productive direction, here are some suggestions.
I have not researched them, so they might have
the same problem of conflicting with someone
TrimOS TrumpOS TransOS
TraderOS PidginOS LinguaFrancOS
UltimateOS UltimOS UltOS
Hey, take some shots at me if you want.
If you don't like any of these, put on the old
thinking cap and come up with a better name!
Did you remeber what was happend to Microsoft ? In last 3 monts ? Microsoft loose the battle against MP3's Lindows ? Microsoft ask MP3.com to change their name from Lindows to something other, cos no one can have "dows" in his name and loose it. Pls DO NOT FUCK UP with FSF and GNU.
When I posted my previous, I noticed "ShiloshOS"
as part of a thread-ID or some such string.
I don't know the status of that name, but it
seems good for the purpose, and I don't mean
my suggestions to contradict anything already
being considered by those in authority.
I'm just an interested outsider, trying to get any
motion at all started just because I think it's
important to resolve this kind of problem
amicably and promptly. I have projects of my
own that must be named, and I share everyone's
interest that such property should be respected.
Since I'm not part of either of the efforts
colliding over this name, I have no need to
withdraw in protest. I'll just stand here and
take whatever comes.
Not again, really dont care, what the fuck is trademark and what not, if someone is not in agreement with me, come here in Bulgaria to see in our courts, Shilosh is a registered trademark under Bulgarian Law, and it's part of my company
I have bussines to do, not every fucked day, to change the name from Trinity to Trinity, to Shilosh, or whatever,.
Shilosh OS will be released under this name, and with distribution name EFTM, EFTM means Every Fucked TradeMark.
This I can say it, instead to help us, to complete Trinity/Shilosh/EFTM you try to stop us, if someone again bother me for the name, I will inquiry FSF and GNU Organization about this "trade-fuck-marks".
Yeah in the beginning, when I start with my project for new os, based on GNU/Hurd and particulary on Linux kernel with unix name on sf.net - trinityos, I did not check for this name Trinity - is this free or not. In my country Bulgaria, trademarks is exist but in strong condition, for example if I have registered name ART Vision, is it registered in this form exactly, and if someone register another company with this name - ART VisionOS, I cant provoke a lawsuite against him, cos I have registered only ART Vision. Ok, cos I toe the line ( the good tone ), I change the project name from Trinity OS to Shilosh OS - in Israelish Trinity is Shilosh. Two weeks our members and me works quite without no more interuprions from David Ranch - the owner of TrinityOS, not Trinity OS, but anywhere (trademark).
Now another one wants from me, and our team members to change Shilosh OS to something other, can this be stopped. Can I recieve some help/protections from Sourceforge.net staff ?
If I understand right FSF/GNU GPL, are maded to help development, growth of the Free software movement, everyone can use whatever wants name, if it's not all ready registered like TrinityOS, and I will repeat myslef once more time - not Trinity OS.
And if I'm right, i can change current name Shilosh OS, to Macrosoft Winblowz 1974 if I want, or Mircoshit Exploder, there are no trademark violiations. (sorry for the last few words about microsoft, sometimes I use winodws too )
The material issue seems to be (in US at least)
"is there a confusion of source?" (the source of
a product, in the consumer's mind.)
A great illustration: two women of heavy body
went into the business of producing "designer"
jeans for heavy women. They called their line
"Lardache." They were taken to court by
Jordache for trademark infringement.
The court ruled against Jordache because no
confusion of the source of the jeans was
created in the consumer's mind.
Stefan, if you were taking my remarks as
any kind of criticism about the Shilosh name, I
offer you my apology. I entered one of my notes not having noticed that the name change had
already happened. I have only good to say
about that, and no complaint or criticism.
Best regards from your friend and admirer,
I think the best way to dont violate someones trademarks and coprights - rename Trinity/Shilosh to Eridana or something like that... First way to check trademarks - go to google.com and write "Eridana" in search string... and you will see nothing commercial, so we can use this name.
Shilosh OS is protected by SourceForge.NET, if someone want to fuck up with me and other members, mail to email@example.com and firstname.lastname@example.org.
Shilosh OS will come as this:
Shilosh OS (Trinity), the name Trinity will be used as codename, if someone dont like it, come to see your questions in the court.
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