Subject: Re: Centric CRM WAS: BitTorrent
From: Matthew Seth Flaschen <superm40@comcast.net>
Date: Sun, 23 Apr 2006 23:28:22 -0400

Mark Shewmaker wrote:
> 
> OSI did abandon their US *registered* trademark application, but I don't
> see how abandoning the registered trademark application implies that
> they don't still have their common law trademark.  
> 
IANAL, but it doesn't matter whether OSI intended to abandon the 
common-law mark. Its abandoning of the registration, along with 
continual blatant misuse they don't correct (unavoidable), means the 
mark is unenforcable.  Of course, given that OSI originated the term, 
some people may still wish to be respectful and take their advice. 
However, they have no legal obligation.

-Matthew Flaschen