[Libre-soc-dev] Finishing off the grant: gigabit crypto router 2021-02-052

[Luke Kenneth Casson Leighton]

On Monday, April 22, 2024, Cesar Strauss via Libre-soc-dev <
libre-soc-dev at lists.libre-soc.org> wrote:
> Hi Luke,
>
> On 04/20/2024 20:04, Luke Kenneth Casson Leighton wrote:
>>
>> the situation is identical to that of whitequark's trademark
>> infringment of M-Labs. ironically it was CALDERWOOD himself
>> who both explained it to me (several hours, over several
>> weeks) and then explained it to us on various tuesday calls.
>> if you recall,he explained very clearly what
>> "Trademark aliasing" is.
>
> Thanks for the detailed explanation.
>
> Sorry for making you repeat yourself, I'm being a little slow to make the
connections. Thank you for your patience.
>
> I hope I'm not causing you much stress. You may also note I'm choosing my
words so to avoid causing offense to anyone.

genuinely appreciayed.

> I still have some doubt. On the Amaranth Github page, they say "Amaranth
HDL (previously nMigen)", thus conveying to the reader that they are the
real original owners of nMigen (tm), having decided to rename it to
Amaranth.

exactly. this is illegal. it's a criminal offense (counterfeiting)
to take Trademarked material, slap your own "invented"
word on it and claim you own the rights just because
*you* invented the word.

M-Labs have a Registration dating back to 2018(? check the
application. the attempt to claim ownership of the material
*under* that Trademark was made iiin.... 2021?



> So, for the sake of argument, there must already be some written
material, or other available evidence (even if RED made it clear they have
not done so), where the reader will think: "wait, this VISC (tm) seems to
be the exact same concept as Simple-V (tm)! It must be that they are the
real owners of Simple-V (tm), and decided to rename it to VISC (tm).". Is
that your reasoning?

absolutely correct. confusion is caused in the mind of the
peron seeing the two trademarks, resulting in the latter
becoming an "also known as" - alias - of the former.
the claimee of the latter is *not* permitted to blatantly
clim ownership of an identical or substantially-identical
concept.

now, if the two Trademarks are in different *classes* - one
involving Yoga and the other fishing tackle - then there is
zero conflict or possibility of "confusion", and you can even
use the exact same word.

however given that they have LITERALLY lifted my entire work,
(which is why mentioning CALDERWOOD's photographic memory is key)
the entire concept behind Simple-V and in the exact same "class",
there is absolutely no doubt whatsoever that this is blatant
theft.

with the first public use being around apr 8th or a few days
before, where i came up with the concept then started discussing
it online, it is extremely easy to prove the first use date
https://groups.google.com/a/groups.riscv.org/g/isa-dev/c/GuukrSjgBH8

there will be other records (the git commit logs) showing
prior dates.

yes there is a difference in many countries between "first use"
date and "first registered" date.

l.


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