Werner Heuser the owner of the Open Source project "MobiliX - UniX on
Mobile Computers" ( http://mobilix.org ) has got a second chance to save
his trademark MobiliX. His lawyers Jaschinski Bier Brexl - JBB (
http://jbb.de ) have send a request to delete the community-trademark
Obelix to the Office for Harmonization in the Internal Market of the
European Union - OAMI ( http://oami.eu.int/ ). The owners of the trademark
Obelix have accused Werner Heuser to use a name very similiar to their
trademark. Werner Heuser has lost the case because the highest German
civil court has dismissed his request for an appeal. But the lawyers have
found out that the trademark Obelix does not seem to have been used during
the first five years after registration in the appropriate trademark class
9. In such cases it is possible to ask the registration authority for a
deletion of the trademark. The detailed argumentation of the lawyers and
the history of the case is available online at TuxMobil (
http://tuxmobil.org/mobilix_asterix.html ). As long as the case is not
finished, the content of the former site MobiliX may be found at TuxMobil
( http://tuxmobil.org ).