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Re: panic: pmap_enter: no pv entries available

On Sunday, July 21, 2002, at 11:14  AM, Artur Grabowski wrote:

Given that you obviously don't know how trademarks work, I suggest you
talk to your lawyer before you get yourself into deeper shit than you
planned for.

Mr. Grabowski offers the best advice on the pf/ipf name and OpenBSD/DarrenBSD/OpenBSD+ipf name thread that has yet appeared.

Trademarks operate differently in different countries, and some may require registration for trademark rights to exist. In the United States trademark, unlike patent, is not exclusively federal law and rights do not exist exclusively through federal registration of marks. While one MAY register a trademark and gain benefits therefrom (eg, everyone nationwide is considered to have "record notice" of every registered mark), one need not. Use of a mark in commerce which gives a mark a meaning and value in the marketplace creates trademark rights which can be infringed by offering different goods under the same mark. Apple's trade dress suit against eMachines was of this ilk: Apple didn't "register" the colored, translucent all-in-one design as a mark, but its use in commerce and its advertising created some marketplace goodwill which eMachines was in a position to dilute with off-brand "goods." Ferrari closed down a replica-maker on similar dilution grounds: the replicas which looked like Ferraris but sounded and performed differently, and made the vehicles appear less rare and exotic, diluted Ferrari's distinctive products' value in the marketplace.

If use of a mark creates confusion in the marketplace, it's a pretty good sign the original user's rights have been infringed. Acme Brick and Acme Burger might not have this problem, but Guido's Hamburgers and Guido's Sandwiches probably will.

OpenBSD and ipf can be found online and associated with their makers, and happy users giving tips on how to set up and use the products can be found ... offering a different product with the same name and different behavior and characteristics is probably unlikely not to cause confusion and disappointment as naive persons enter the market and try to use one or the other and possibly get frustrated with mismatched, confusing documentation. Telling them apart by the code might be particularly hard for users installing binaries. Even if both products behave as their makers' documentation describes, the confusion created by having different products offered under well-known products' names will undermine the value of the original marks, especially in the view the difficulties newbies experience when everything has a non-confusing name.

Deliberately creating confusion for fun/spite/sport?

Reminds me of the prayer offered by the lawyer at the revival meeting: "Stir up much strife amongst thy people, Lord, lest thy servant perish."

Take care,

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