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No Linux trademark in Australia

Where does this leave the Linux Mark Institute, which was set up to defend the trademark? Nowhere, down under.

Linux inside

No Linux, please. We're Aussies.

Intellectual Property Australia has rejected the attempt by Linus Torvalds and his Linux Mark Institute to control the Linux trademark, ruling the word wasn't distinctive enough.

The ruling was sent August 31, and I think that part of the problem may be that Linus' representative there, Jeremy Malcolm, has a history. He sent out letters demanding payment before the trademark application could be granted, for instance, and even managed to get 10 targets to stop using the term, a result that pleased him. His thesis, taken at Murdoch University, was on the rights of corporations.

Another possible reason for the rejection, according to Slashdot, was that it relied on Google and Wikipedia entries as evidence. Those sources, in fact, carry many different uses of the term Linux, beyond Torvalds' control, and the court may have seen that as dispositive (as the lawyers say).

Where does this leave the Linux Mark Institute, which was set up to defend the trademark? Nowhere, down under.