Linked by Eugenia Loli-Queru on Wed 11th Jun 2003 21:39 UTC
Apple Computer is being sued by The Open Group, the San Francisco company that claims ownership of the Unix trademark, for using the term Unix in conjunction with its Mac OS X operating system without a license. Apple has countersued, asking a judge to declare that the trademark is invalid, because the term Unix has become generic. This legal battle, though separate from SCO's recent claim that Linux uses copyrighted Unix source code, adds further fire to the debate over the custody of Unix--the 30 plus-year old OS originally developed by AT&T.
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because they did try to pursue preventing UCE being referred to as a spam.
They thought that it hurt their image (like that's possible) and that it could be construed as dilutive.
That's what's interesting about your link: the precedent in which mass usage is not necessarily dilutive to the trademark. Now this precedent seems to particularly refer to "slang" but the fact is Unix, Unix-based, Unix underpinnings, Unix-like appear all over the place. This does not necessary dilute the mark, but neither does it constitute trademark infringement in my mind, to my understanding.