Originally posted by Vistaus
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Originally posted by F.Ultra View PostQuestion really is if Hyperion even registered Kickstart as a Trademark to begin with since 4.0 does not use Kickstart anymore.
Edit: and also 3.1Last edited by Vistaus; 21 July 2019, 08:10 AM.
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Originally posted by anarki2 View Post
Red Hat's been doing and using kickstart for at least a decade, FYI.Last edited by Vistaus; 20 July 2019, 11:45 AM.
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Originally posted by Vistaus View Post
Yes, because Hyperion not only supports AmigaOS 4.x but also the older 3.9, so they hold the trademark for 3.9's Kickstart.
edit: forgot to add the link to WIPO: https://www.wipo.int/madrid/monitor/en/
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Originally posted by F.Ultra View Post
I just did a trademark search on WIPO (World Intellectual Property Organization) for "Kickstart" and found only an expired one for "Believe in yourself and kickstart the world" so it does not look like Hyperion bothered to registered "Kickstart" as a trademark.
Edit: direct link doesn't work - enter "Kickstart" in the search field under "Search a mark" and click on Mark nr "1014998"Last edited by Vistaus; 21 July 2019, 08:33 AM.
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Originally posted by Vistaus View Post
They did register it, and it's valid until 2027 currently: https://www.boip.int/en/trademarks-register
Edit: direct link doesn't work - enter "Kickstart" in the search field under "Search a mark" and click on Mark nr "1014998"
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Originally posted by F.Ultra View Post
So they only registered it in Benelux, probably why it didn't appear in WIPO.
BUT let's say they won't sue: I still wouldn't take the risk of using a trademarked name if I were IBM (it was trademarked before 2017 as well, so there's no way they wouldn't have known), even if the name is only trademarked in a small area of their activities. Just like I wouldn't call my fictional tech company "IBM" even though I would only serve the Swedish market.Last edited by Vistaus; 21 July 2019, 04:10 PM.
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Originally posted by Vistaus View Post
Doesn't matter, valid = valid. They can still do whatever they want against IBM within the confines of the Benelux. Hyperion has sued before, so it's not like they will sit back and relax *all* of the time.
BUT let's say they won't sue: I still wouldn't take the risk of using a trademarked name if I were IBM (it was trademarked before 2017 as well, so there's no way they wouldn't have known), even if the name is only trademarked in a small area of their activities. Just like I wouldn't call my fictional tech company "IBM" even though I would only serve the Swedish market.
Not a lawyer here but I still don't think that IBM is in any legal trouble here (and IBM employs more lawyers than most companies have employees so they have most likely already done their due diligence) since this Kickstart of theirs does not boot an OS and thus people will not confuse the two and neither does the two products fall under the same category of goods (both are usually excemptions for trademark infringement).
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Originally posted by F.Ultra View Post[...]since this Kickstart of theirs does not boot an OS and thus people will not confuse the two and neither does the two products fall under the same category of goods (both are usually excemptions for trademark infringement).
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Originally posted by Vistaus View Post
It's not just about booting the OS, the trademark at BOIP describes it, among a few other terms, as applying to "computers; operating systems". So its actual functionality doesn't matter.
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