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Re: panic: pmap_enter: no pv entries available
- To: misc_(_at_)_openbsd_(_dot_)_org (misc_(_at_)_openbsd_(_dot_)_org), Artur Grabowski <art_(_at_)_blahonga_(_dot_)_org>
- Subject: Re: panic: pmap_enter: no pv entries available
- From: "Christopher D. Lewis" <Lewis_(_at_)_Alumni_(_dot_)_Duke_(_dot_)_edu>
- Date: Sun, 21 Jul 2002 17:00:54 -0500
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
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."
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