Re: Symantec asks G4L to stop infringing on Ghost name
Posted by: Anonymous
on October 05, 2007 11:55 PM
The word "Ghost" in the context of software for cloning a hard drive is most definitely trademarkable, and Symantec does indeed hold a trademark on it, so there's no chance of them being laughed out of court, or even of losing. "Ghost for Linux" (and the G does indeed stand for that; until not long ago, it was even written out as Ghost for Linux on the Sourceforge G4L site. This would be a slam dunk for Symantec in court. Ghost is software for cloning a hard drive. Ghost for Linux is software for cloning a hard drive. That's sailing pretty close to the wind for G4L, considering that trademark law requires Symantec to defend their trademark or risk losing it.
(BTW, I suggest you educate yourself on the difference between trademark and copyright; they are not at all the same thing.)
Two insightful comments made here by others were that a C&D is the legal equivalent of a tap on the shoulder saying "Please stop doing that." The other was to rename G4L to Phantom, which is a cooler name anyway. We've seen some pretty crazy C&Ds against software project, etc., but this one is actually pretty legit and would easily hold up in court.