Trademarks: The Hidden Menace

When Ubuntu Pocket Guide and Reference went on sale in January, I created a Web site to redistribute the free edition and act as a central information source for the book. And because the book was about Ubuntu, I made ample mention of the word "Ubuntu" and also used the familiar three-part circle logo.

A few weeks later, while chatting with the nice folks at Canonical (the company that originated and sponsors Ubuntu) about an unrelated matter, they mentioned that I might have taken liberties with the website. The issue boiled down to use of the Ubuntu trademark, and they pointed out that there are strict rules on who can and can't use the trademark. Put simply, community projects are usually fine (provided a few rules are followed), but commercial projects must apply for a trademark license.

Ending the circle

It was a friendly discussion, and I don't think they meant to chastise me. But I found it alarming. My book and associated Web site are an entirely separate commercial endeavour from Canonical or the Ubuntu project at large. I'd made this clear via a disclaimer on each page of the website. However, I immediately removed all uses of the trademark graphic apart from those I'd got specific permission for (which is to say, the use of the logo on the front cover of the book itself). All other uses of the word "Ubuntu" seemed to me to be allowed under nominative use provisions, an exception in trademark law for which we have to thank New Kids on the Block (yes, really). It allows a product to use a trademark term if it's descriptive and unavoidable. I have no other choice than to use the term Ubuntu in the title of my book and website. How else would people know what they're about otherwise?

Now in possession of a somewhat graphically barren Web site, I was reasonably sure I was safe, even if I had only consulted good-ol' Wikipedia instead of a lawyer.

Commercial freedoms

To be honest, it didn't really matter to me about using the trademark. My only desire had been to make the site familiar for Ubuntu users. But the whole episode was a strong reminder that trademarks dominate all commercial activity in America. Like patents and copyright, trademarks are a weapon that companies can use to battle each other and ultimately restrict the freedom of their customers. As such, I find it odd that while many people in the world of open source are campaigning for reforms in copyright and patents, most ignore trademarking. Trademarking is just as dangerous as its two intellectual property brothers.

There's history here, of course. Back in 1994 a lawyer spotted that "Linux" wasn't trademarked, so decided to trademark it himself. In a move that only a lawyer could dream-up, he then attempted to sue companies involved with Linux for using "his" trademark without permission. To cut a long story short, the trademark assignation was eventually overturned and the trademark assigned to Linus Torvalds. The Linux Mark Institute was subsequently setup and, after a little turbulence, presently hands-out free licenses for the word "Linux" upon request.

However, make no mistake: If you want to use the word "Linux" in any commercial way related to computers, such as including the word in your organization's title, you need to get a license. The word "Linux" is nowhere near as free as the software it represents. In fact, it isn't free. For this we have to thank the system of trademarks.