ANN: Obelix./.MobiliX: Highest German Civil Court Dismissed the Case - Portable

This is a discussion on ANN: Obelix./.MobiliX: Highest German Civil Court Dismissed the Case - Portable ; The trademark case Obelix versus MobiliX - Linux On Mobile Computers was finally dismissed by the Bundesgerichtshof - BGH, the highest German civil court. Werner Heuser, owner of the trademark MobiliX and the domain mobilix.org - UniX On Mobile Computers, ...

+ Reply to Thread
Results 1 to 2 of 2

Thread: ANN: Obelix./.MobiliX: Highest German Civil Court Dismissed the Case

  1. ANN: Obelix./.MobiliX: Highest German Civil Court Dismissed the Case

    The trademark case Obelix versus MobiliX - Linux On Mobile Computers was
    finally dismissed by the Bundesgerichtshof - BGH, the highest German civil
    court. Werner Heuser, owner of the trademark MobiliX and the domain
    mobilix.org - UniX On Mobile Computers, has lost the case, because the BGH
    rejected his request for an appeal. The BGH did not care to provide a
    detailed argumentation for their decision, the chamber merely quoted the
    appropriate part of the law.

    In his long and detailed argumentation to get a permission for an appeal,
    Prof. Dr. Achim Kraemer, lawyer of Werner Heuser, wrote: "The commercial
    usage of domain names leads already at the time of their registration to
    preventive reactions by holders of older trademarks, which claim their
    trademarks as violated. Particular risks exist for so-called
    word-trademarks, which contain parts of the common language, when they are
    combined with suffixes or prefixes used in certain groups. If trademarks
    are protected much too excessively, as the appeal court has done in our
    opinion, some very famous but fancy names may occupy a wide range of the
    language and it becomes impossible for anyone to create new
    word-trademarks."

    In autumn 2001 Les Edition Albert Rene, the owner of the trademark Obelix
    had charged Werner Heuser. He is the owner of the well-known open source
    project MobiliX ( now TuxMobil http://tuxmobil.org ) . This project
    provides plenty of information about UniX operating systems like Linux,
    BSD and Solaris on laptops, notebooks, PDAs and other mobile computers.
    Therefore he has chosen a name, which expresses this by a combination of
    the word "Mobile" and the common suffix "iX" taken from UniX(TM). The
    plaintiff asserts that Werner Heuser had chosen this name to take
    advantage of their well-known comic book character "Obelix" for which they
    own a trademark.

  2. Re: ANN: Obelix./.MobiliX: Highest German Civil Court Dismissed the Case

    Werner Heuser wrote:
    > court. Werner Heuser, owner of the trademark MobiliX and the domain
    > mobilix.org - UniX On Mobile Computers, has lost the case, because the BGH
    > rejected his request for an appeal. The BGH did not care to provide a


    That's ridiculous. Sorry to hear!

    --
    Matthew Miller mattdm@mattdm.org
    Boston University Linux ------>

+ Reply to Thread