ARGVMI~1.PIFargv_minus_one@mastodon.sdf.org
Aug 19, 2026, 7:04 PMIf the trademark doesn't exist at all, a bad actor will register it for you and then sue you for using your own project's name.
That's how Linux became ®'d.
Replies
Aug 19, 2026, 7:20 PM@argv_minus_one @gunchleoc ? afaik linux is trademarked by linus
I mean, if you're right, we could just go around and trademark, dunno, grep, or ls
- Aug 19, 2026, 7:30 PM
@argv_minus_one @gunchleoc
"Prior Use and Common Law Rights
The “First to Use” PrincipleUnlike some countries that operate on a “first to file” system, the United States law prioritizes “first to use.” This means actual use of a name in commerce establishes rights, even if the name isn’t federally registered.
Common Law Trademark RightsIf a business or individual uses a name for their goods or services, they can establish what are called common law rights. These rights are automatic from the moment the name is used publicly in commerce and can provide some limited protection, even without a registered trademark.
(..)
If someone else is using the name actively, they may have common law trademark rights that could block your registration, even if they never went through the official trademarking process."
https://www.etblaw.com/can-you-trademark-a-name-someone-else-is-using-but-did-not-trademark/
- ARGVMI~1.PIFargv_minus_one@mastodon.sdf.orgAug 19, 2026, 7:31 PM
Yeah, I didn't say the Linux trademark is owned by a corporation, only that it exists as a trademark.
And yeah, the trademark registration was found invalid by a court, for the above reasons. Linus ended up owning the trademark because the judge awarded it to him.
But not before a costly court battle over the matter. Registering a trademark is cheaper and more reliable.
- Aug 19, 2026, 7:33 PM
@argv_minus_one @gunchleoc maybe. but linux is linus'. mastodon is everyone's. I still prefer no trademark.
to each their own* I guess maybe linux is also everyone's, at least somewhat. but I mean it was made as one guy's hobby project, while mastodon was made as a *social* network
GunChleocgunchleoc@mastodon.scotAug 20, 2026, 9:08 AM@bazkie @argv_minus_one Mastodon was also originally made as one guy's hobby project, only that he did the right thing and no longer owns it personally.
Accusing them of being liars is a bit over the top, don't you think?
- ARGVMI~1.PIFargv_minus_one@mastodon.sdf.orgAug 20, 2026, 3:03 PM
In this day and age, when nothing is sacred and we're being betrayed at every turn by just about everyone, I hope you'll find it understandable that @bazkie and I are wary of yet another betrayal.
Especially since the betrayals are mostly coming from organizations that started talking corporate first, *then* betrayed, and Mastodon is talking corporate.