
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.
I really think the most important issue (though Apple has counter-sued for invalid trademark, same as Lindows) is whether or not Apple is trying to usurp the mark. For example, check out: http://www.apple.com/macosx/jaguar/compatibility.html
Apple never uses (TM) for Windows. But they say: "Works with Windows", "use your Mac in a Windows-centric world", "works well with Windows-managed remote networks", "Windows users can connect to your Mac", and on and on... This is not infringement I would presume because they are simply describing their product. They aren't naming their product by the trademarked name. So isn't this the same as how they are using UNIX?