[talk.bizarre] Silly IBM law suit

tr@wind.bellcore.com (tom reingold) (09/03/87)

In article <6125@ut-ngp.UUCP> omega@ut-ngp.UUCP (Omega.Mosley`) writes:
$ In article <681@neoucom.UUCP>, wtm@neoucom.UUCP (Bill Mayhew) writes:
$ > I just heard on the news that IBM is suing Orchid and AST for
$ > mis-using the term PS/2 (apparently tm IBM) in their advertisements.
$ > OK, I'll grant them that.  IBM aslo filed suit against AST for
$ > using the suffix "2" in the name of one of their enhancement boards
$ > intended for use with the PS/2.  I guess that now that IBM owns the
$ > rights to 2, the rest of us will learn to have to make due with the
$ > other 9 digits.
$ > 
$ > I wonder what Apple with have to say about the Apple II -- or is
$ > that the "Apple Eye Eye"
$ 
$ [...]
$ 
$ ....egads, this is just about as silly as Lotus suing over look & feel. Next
$ thing you know, we'll have IBM telling us they own the rights to the words
$ "Floppy Disk", "Motherboard", and "8086".
$ [...]
$ 

I read about a lawsuit that really made me laugh.  Computer Land sued
Business Land because of the "Land" in the name.  Fortunately, the
judge threw the suit out, saying, "What are you going to do next, sue
Disneyland??"

Tom Reingold
INTERNET:       tr@bellcore.bellcore.com
UUCP: 		{ihnp4,ucbvax,decvax}!bellcore!tr
		{ulysses,allegra,clyde,princeton}!bellcore!tr

richard@gryphon.CTS.COM (Richard Sexton) (09/04/87)

In article <681@neoucom.UUCP> wtm@neoucom.UUCP (Bill Mayhew) writes:
>I just heard on the news that IBM is suing Orchid and AST for
>mis-using the term PS/2 (apparently tm IBM) in their advertisements.
>OK, I'll grant them that.  IBM aslo filed suit against AST for
>using the suffix "2" in the name of one of their enhancement boards
>intended for use with the PS/2.  I guess that now that IBM owns the
>rights to 2, the rest of us will learn to have to make due with the
>other 9 digits.
>
>Bill (wtm@neoucom.UUCP   ...!cbatt!neoucom!wtm)

This could pose a problem for me as I have used lots of 2's in many
of my programs. Do I have to extract them all and send them to IBM ?

What is the work around ?

One thing I thought of was redefineing HEX as:

0 1 3 4 5 6 7 8 9 a b c d e f g

and calling it sexadecimal, so I tried it and asked sombody here
at work to give to me in sex and they hit me, and a guy
across the way looked at me funny.

Perhaps IBM would reconsider if everyone takes all their 2's from
their programs, and send them by US mail to IBM's legal department,
with carbon copies to just about everyone there.








-- 
Richard Sexton
INTERNET:     richard@gryphon.CTS.COM
UUCP:         {hplabs!hp-sdd, sdcsvax, ihnp4, nosc}!crash!gryphon!richard

"It's too dark to put the key in my ignition..."

greg@gryphon.CTS.COM (Greg Laskin) (09/04/87)

In article <1424@gryphon.CTS.COM> richard@gryphon.CTS.COM (Richard Sexton) writes:
>In article <681@neoucom.UUCP> wtm@neoucom.UUCP (Bill Mayhew) writes:
>>I just heard on the news that IBM is suing Orchid and AST for
>>mis-using the term PS/2 (apparently tm IBM) in their advertisements.
>>OK, I'll grant them that.  IBM aslo filed suit against AST for
>>using the suffix "2" in the name of one of their enhancement boards
>>intended for use with the PS/2.  I guess that now that IBM owns the
>>rights to 2, the rest of us will learn to have to make due with the
>>other 9 digits.
>>
>>Bill (wtm@neoucom.UUCP   ...!cbatt!neoucom!wtm)
>
>This could pose a problem for me as I have used lots of 2's in many
>of my programs. Do I have to extract them all and send them to IBM ?
>
>What is the work around ?
>
>One thing I thought of was redefineing HEX as:
>
>0 1 3 4 5 6 7 8 9 a b c d e f g
>
>and calling it sexadecimal, so I tried it and asked sombody here
>at work to give to me in sex and they hit me, and a guy
>across the way looked at me funny.
>
This would more than likely be an infringement on CBS Personal Softwares
new copy protection method.  Their method depends on "gaps" in the
binary image of a program that contain no twos.  This would trigger
a government mandated copy protection device that would prevent
the recording drive from writing.

In the IBM suit, the trademark issue is actually over the "/2". IBM
claims this as a trademark.

Zilog claims the single letter "Z" as a trademark, though.


-- 
Greg Laskin   
"When everybody's talking and nobody's listening, how can we decide?"
INTERNET:     greg@gryphon.CTS.COM
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dhesi@bsu-cs.UUCP (Rahul Dhesi) (09/04/87)

In article <2342@bellcore.bellcore.com> tr@wind.UUCP (tom reingold) writes:
>I read about a lawsuit that really made me laugh.  Computer Land sued
>Business Land because of the "Land" in the name.  Fortunately, the
>judge threw the suit out, saying, "What are you going to do next, sue
>Disneyland??"

Actually it's a bit ironical, because Computerland had a predecessor
called Computer Shack, and it had to change its name because Radio
Shack sued it successfully.  

Both land and shack are pretty generic terms, as are words such as
"computer", "micro", "soft", "pc", and "sig".  Yet combine them two at
a time, and you get a trademark that judges will frequently uphold as
valid.
-- 
Rahul Dhesi         UUCP:  {ihnp4,seismo}!{iuvax,pur-ee}!bsu-cs!dhesi

sam@brspyr1.BRS.Com (Sam Baxter) (09/04/87)

in article <1098@bsu-cs.UUCP>, dhesi@bsu-cs.UUCP (Rahul Dhesi) says:
>In article <2342@bellcore.bellcore.com> tr@wind.UUCP (tom reingold) writes:
>>                                                   Computer Land sued
>>Business Land because of the "Land" in the name.
> 
> Actually it's a bit ironical, because Computerland had a predecessor
> called Computer Shack, and it had to change its name because Radio
> Shack sued it successfully.  

If my memory serves me correctly, Computer Shack not only copied the
"Shack" but they also copied the *style* of the Radio Shack logo.  I
believe that strongly reinforced Tandy's case (and was cause for the
final decision).

I'm not a lawyer (just a humble programmer :-), but it's my understanding
that registered trademarks are not simply on words, but on the way which
words are printed.  Yes?  No?

I must agree that claiming that "/2" cannot be used by anybody
in the computer industry but IBM is ludicrous at best.  (Quick!
Somebody find another giant company that once-upon-a-time named
a product *Something*/2!  Then have THEM sue IBM!)

Another thought.  I wonder about \2 ...

-- 
Sam Baxter (sam@rd.BRS.Com)
BRS Information Technologies;  Latham, NY  12110;  518-783-1161
{ uunet!steinmetz | ihnp4! { dartvax | philabs!nyfca1 } } !brspyr1!sam
"Information is Power"  -- R. Waters

billw@ncoast.UUCP (Bill Wisner) (09/06/87)

omega@ut-ngp.UUCP (Omega.Mosley`) in <6125@ut-ngp.UUCP>:

>> Next thing you know, we'll have IBM telling us they own the rights to the
>> words "Floppy Disk", "Motherboard", and "8086".

IBM employees can't call it a "motherboard." Seems that the management thinks
that term may be offensive to some customers. That's the same reason they gave
us "fixed disks."
--
Bill Wisner
..sun!daslink![DCUNSN]MAX::WABE		..{cbosgd,decvax}!hal!ncoast!billw
--
"An it harms none, do what thou will."
Everything in this message could be wrong.
--
"File your lawsuit now and receive this fabulous free gift!"
--
2 is a trademark of International Business Machines.
Mouse is a trademark of Apple Computer.
Land is a trademark of ComputerLandnd

richard@gryphon.CTS.COM (Richard Sexton) (09/07/87)

In article <1760@brspyr1.BRS.Com> sam@brspyr1.BRS.Com (Sam Baxter) writes:
>
>I must agree that claiming that "/2" cannot be used by anybody
>in the computer industry but IBM is ludicrous at best.  (Quick!
>Somebody find another giant company that once-upon-a-time named
>a product *Something*/2!  Then have THEM sue IBM!)
>
>Another thought.  I wonder about \2 ...
>
>-- 

Ok. Cado Computer Systems (cadovax) used to have a product called the /1. There
was a 20/1 and a 40/1. Then came the /2, then the /4, and I came in somewhere
around the /8.

Cado got bought by Contel, and is now Contel Buisness Systems, but they still
have stuff for the Cado model /2 (Do you have a 20 or 40; that number was only
the terminal model #, the n in /n referred to the number of users you could
run on one of these 8085 based beasties)

>Sam Baxter (sam@rd.BRS.Com)
>BRS Information Technologies;  Latham, NY  12110;  518-783-1161
>{ uunet!steinmetz | ihnp4! { dartvax | philabs!nyfca1 } } !brspyr1!sam
>"Information is Power"  -- R. Waters


-- 
Richard Sexton
INTERNET:     richard@gryphon.CTS.COM
UUCP:         {hplabs!hp-sdd, sdcsvax, ihnp4, nosc}!crash!gryphon!richard

"It's too dark to put the key in my ignition..."

omega@ut-ngp.UUCP (09/08/87)

....do you know when that Cado designation was released?

....remember, IBM has had System/1 for years...[[regretfully]]


					Omega.Mosley

john@frog.UUCP (John Woods, Software) (09/08/87)

In article <1760@brspyr1.BRS.Com>, sam@brspyr1.BRS.Com (Sam Baxter) writes:
> 
> I must agree that claiming that "/2" cannot be used by anybody
> in the computer industry but IBM is ludicrous at best.  (Quick!
> Somebody find another giant company that once-upon-a-time named
> a product *Something*/2!  Then have THEM sue IBM!)
> 
How about using >>1 instead :-) ?

When IBM trademarked PL/1, the also trademarked PL/2, PL/3, PL/4, ... through
I don't know how many.


--
John Woods, Charles River Data Systems, Framingham MA, (617) 626-1101
...!decvax!frog!john, ...!mit-eddie!jfw, jfw@eddie.mit.edu

Maybe it's the sound of a WET RAG hitting a smooth WEASEL!

rs1@ihlpa.ATT.COM (Sersted) (09/09/87)

In article <1760@brspyr1.BRS.Com>, sam@brspyr1.BRS.Com (Sam Baxter) writes:
> in article <1098@bsu-cs.UUCP>, dhesi@bsu-cs.UUCP (Rahul Dhesi) says:
> >In article <2342@bellcore.bellcore.com> tr@wind.UUCP (tom reingold) writes:
> >>                                                   Computer Land sued
> >>Business Land because of the "Land" in the name.
> > 

		Lots of stuff deleted.

> Somebody find another giant company that once-upon-a-time named
> a product *Something*/2!  Then have THEM sue IBM!)

> 
> Another thought.  I wonder about \2 ...
				^^^^^^^^^
That won't work.  the "\" kills the special meaning of the "2".  Then IBM
will only have part of a trademark.  However, "PS\\2", will work just fine
because the first "\" kills the special meaning of the second "\".

> 
> -- 
> Sam Baxter (sam@rd.BRS.Com)
> BRS Information Technologies;  Latham, NY  12110;  518-783-1161
> { uunet!steinmetz | ihnp4! { dartvax | philabs!nyfca1 } } !brspyr1!sam

> "Information is Power"  -- R. Waters
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
But, silliness is fun. -- Me


		Roger Sersted  
		(Bell Labs, Naperville, IL)
		ihnp4!ihlpa!rs1

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		|||||||||||A||||||||||||

merchant@dartvax.UUCP (Peter Merchant) (09/09/87)

In article <681@neoucom.UUCP> wtm@neoucom.UUCP (Bill Mayhew) writes:
>I just heard on the news that IBM is suing Orchid and AST for
>mis-using the term PS/2 (apparently tm IBM) in their advertisements.
>OK, I'll grant them that.  IBM aslo filed suit against AST for
>using the suffix "2" in the name of one of their enhancement boards
>intended for use with the PS/2.  I guess that now that IBM owns the
>rights to 2, the rest of us will learn to have to make due with the
>other 9 digits.
>
>Bill (wtm@neoucom.UUCP   ...!cbatt!neoucom!wtm)

I think IBM owns the right to "/2", not the number two.

Thus, any program that divides by two is violating their copyright.
Better modify all your programs to multiply by .5 instead!
:^D :^D :^D
--
                                        Peter Merchant (merchant@dartvax.UUCP)

davidsen@steinmetz.steinmetz.UUCP (William E. Davidsen Jr) (09/09/87)

In article <1600@frog.UUCP> john@frog.UUCP (John Woods, Software) writes:
|In article <1760@brspyr1.BRS.Com>, sam@brspyr1.BRS.Com (Sam Baxter) writes:
|> 
|How about using >>1 instead :-) ?
|
|When IBM trademarked PL/1, the also trademarked PL/2, PL/3, PL/4, ... through
|I don't know how many.

I have heard this rumor, but I question its validity for several
reasons.  (1) PL/1 is an ANSI standard, and therefore can't be
trademarked to anybody, (2) IBM has not "defended" the PL/1 symbol as a
trademark, one of the requirements, and it is one three manuals just in
my office.  (3) To get a trademark the symbol must be used in interstate
trade, something I doubt that IBM has done. 

Unless there is some hard information proving this, such as filing
dates, indication on manuals that the symbol is a trademark, or
information on suits filed to defend PL/n, I assume that this is just a
repetition of an old rumor.
-- 
	bill davidsen		(wedu@ge-crd.arpa)
  {uunet | philabs | seismo}!steinmetz!crdos1!davidsen
"Stupidity, like virtue, is its own reward" -me

dyer@atari.UUCP (Landon Dyer) (09/10/87)

in article <1600@frog.UUCP>, john@frog.UUCP (John Woods, Software) says:
> 
> When IBM trademarked PL/1, the also trademarked PL/2, PL/3, PL/4, ... through
> I don't know how many.
> 

Some genius lawyer in the "old" Atari wanted to copyright all possible
eight-by-eight monochrome bitmaps.

The apocryphal part to this tale is that he moved to Tibet, where he
still works in a cave high in the Himalayas.  When he finishes all the
drawings, the universe will end....

-- 
-Landon Dyer, Atari Corporation	       {sun,amdcad,lll-lcc,imagen}!atari!dyer
The views expressed here do not necessarily reflect those
of Atari or the AI software that has taken over my brain.
Yow! I am waiting for my warranty-expired interrupt!		     FREE P1!

bobmon@iucs.UUCP (RAMontante [condition that I not be identified]) (09/10/87)

>|
>|When IBM trademarked PL/1, the also trademarked PL/2, PL/3, PL/4, ... through
>|I don't know how many.
>
>I have heard this rumor, but I question its validity for several
>reasons.  (1) PL/1 is an ANSI standard, and therefore can't be
>trademarked to anybody, (2) IBM has not "defended" the PL/1 symbol as a
>trademark, one of the requirements, and it is one three manuals just in
>my office.  (3) To get a trademark the symbol must be used in interstate
>trade, something I doubt that IBM has done. 

My manuals all refer to PL/I, that's a capital "I" rather than a "one".  I
was told that this was because the "I"-form is trademark/copyright-able.
"PL/1" has some prior usage as the title of a book (by an IBM employee,
I think).

richard@gryphon.CTS.COM (Richard Sexton) (09/10/87)

In article <6183@ut-ngp.UUCP> omega@ut-ngp.UUCP (Omega.Mosley`) writes:
>
>....do you know when that Cado designation was released?

77-78 timeframe

>
>....remember, IBM has had System/1 for years...[[regretfully]]

They can have /1 :-)
>					Omega.Mosley


-- 
Richard J. Sexton
INTERNET:     richard@gryphon.CTS.COM
UUCP:         {hplabs!hp-sdd, sdcsvax, ihnp4, nosc}!crash!gryphon!richard

"It's too dark to put the key in my ignition..."

rlw@philabs.Philips.Com (Richard Wexelblat) (09/10/87)

In article <1600@frog.UUCP> john@frog.UUCP (John Woods, Software) writes:
>When IBM trademarked PL/1, the also trademarked PL/2, PL/3, PL/4, ... through
>I don't know how many.
>
>John Woods, Charles River Data Systems, Framingham MA, (617) 626-1101

Wrongo, Bozo.

First of all, it's PL/I, not PL/1.  Secondly, IBM explicitly disclaimed any
rights to the name PL/I at some point during the PL/I standardization
activity.

I personally checked this information with the following people:

	Editor, ACM SIGPLAN Notices
	Editor, "History of Programming Languages"
	A former Vice Chairman of X3J1, the ANSI PL/I standardization Cte.
	A member of the SHARE PL/I Project (1965-1972)

and they all agreed.  (Never known so many technical people to agree so
unanimously of a point of argument!)


-- 

--Dick Wexelblat  {uunet|ihnp4|decvax}!philabs!rlw
		  rlw@philabs.philips.com

len@array.UUCP (Leonard Vanek) (09/11/87)

In article <1600@frog.UUCP> john@frog.UUCP (John Woods, Software) writes:
>
>When IBM trademarked PL/1, the also trademarked PL/2, PL/3, PL/4, ... through
>I don't know how many.

I heard that they went up to PL/99 or PL/100, but foolishly neglected to
trademark PL/360. Niklaus Wirth then proceeded to use the name PL/360
for his Algol-like assembly language for the IBM System/360.

By the way, in response to an earlier posting on this subject,
It is Series/1 not System/1 that IBM has had for many years.
I spent 5 years programming on that most unusual machine.

Len

allbery@ncoast.UUCP (Brandon Allbery) (09/12/87)

As quoted from <5394@ihlpa.ATT.COM> by rs1@ihlpa.ATT.COM (Sersted):
+---------------
| > Another thought.  I wonder about \2 ...
| 				^^^^^^^^^
| That won't work.  the "\" kills the special meaning of the "2".  Then IBM
| will only have part of a trademark.  However, "PS\\2", will work just fine
| because the first "\" kills the special meaning of the second "\".
+---------------

I wonder what this does to IBM's trademark, "APL\360"?			;-)
-- 
	    Brandon S. Allbery, moderator of comp.sources.misc
  {{harvard,mit-eddie}!necntc,well!hoptoad,sun!mandrill!hal}!ncoast!allbery
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All opinions in this message are random characters produced when my cat jumped
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