Bonum Certa Men Certa

Debian trademark canceled

posted by Roy Schestowitz on Feb 23, 2024

Reprinted with permission from Daniel Pocock.

In November, I submitted a request to the Swiss intellectual property office to cancel the Debian trademark registration. In the request, I noted that the main reason for cancelation is my lack of confidence in the Swiss legal system. This is explained in much more detail in my earlier blog about Parreaux, Thiebaud & Partners / Justicia SA.

The fact that a small group of lawyers decided to fly too close to the sun is not very dramatic if it happened in isolation. What makes this case so outrageous is that the practices of Parreaux, Thiebaud & Partners were known to the bar associations for a number of years and yet the rogue firm continued trading. News reports told us they had 450 clients in 2018. A LinkedIn post from Mr Parreaux tells us he had 20,000 clients when the financial regulator shut him down in 2023. How many of those 20,000 clients could have been saved if the bar association and FINMA had acted two years earlier in 2021? They knew and they failed to protect the public and small businesses.

In every other industry, ethical disputes such as this can be escalated to the judiciary. For example, if there are disputes about a doctor or an airline pilot, they may initially resolve the matter within a professional body or they may escalate the dispute into the courts. The legal profession is unique in that it is the only profession that regulates itself. If lawyers can not resolve misconduct within their own ranks, there is no other profession who can come in and do it for them.

The only example that is remotely similar is that of the Catholic Church, where they decided they could ignore national regulations about abuse and investigate the complaints under Cannon Law. They even published the Crimen Sollicitationis, their own secret Code of Conduct for investigating abuse. Crimen Sollicitationis tells bishops that abuse cases should be kept hidden. We see exactly the same thing in Switzerland where FINMA published a verdict that redacts the names of the rogue lawyers so clients would be unlikely to ever find it.

FINMA, Parreaux Thiébaud & Partners, Justicia SA, Justiva SA, Mathieu Parreaux

While concern about the integrity of the Swiss legal profession is a significant factor in my decision to cancel the trademark, I want to emphasize one other point from the attempts to censor various web sites using the UDRP. In each of the censorship cases, aggressors have argued that independent web sites run the risk of tarnishing the trademark. In the case of Debian, I can't think of anything that tarnishes the trademark more than the repeated deaths of volunteers, including the volunteer who resigned to commit suicide on the Debian Day anniversary and in the middle of the 2023 legal vendettas, in the middle of the Debian annual conference DebConf23, another volunteer died in avoidable circumstances. Given the enormous damage that these avoidable deaths do to both the brand and the community, it feels absurd to spend money fighting over whether some independent web site has tarnished the trademark too.

If you have registered domain names containing the Debian trademark then it is recommended that you seek advice about whether your web site content meets the criteria for legitimate interests under the UDRP or similar fair use frameworks that apply in your jurisdiction. The judgment about the Scientologie.org domain name provides an interesting example where the right of copyright interests was deemed to be superior to the trademark rights. As all Debian Developers have copyright interests in our work, the Scientologie.org precedent gives us a strong defence against malicious UDRP cases.

From a practical perspective, if the Scientologie.org precedent authorizes legitimate interest and fair use web sites using the Debian domain name then it feels wasteful to spend large amounts of time and money arguing over which authors can have a trademark registration.

The ball is now in Jonathan Carter's court to decide whether he wants to continue vendettas into 2024 or whether he wants to use the Christmas season as an opportunity to bury the hatchet and stop attacking my family and I. Rogue elements of the Debian community began attacking my family at a time when I lost two family members. It reflects something uniquely bad about Debian culture and leadership.

Other Recent Techrights' Posts

Links 09/05/2026: "Grand Theft Oil Futures" and Mass Layoffs at Verizon
Links for the day
Social Control Media and GAFAM as National Security Threats (Domestically and More So Abroad)
"Algorithms control messages, swayed 2024 presidential election"
 
Google is "Bullshit"
Fix your slop, Google. It's broken.
SLAPP Censorship - Part 71 Out of 200: 5RB Barristers Made Tens of Thousands of Pounds by Changing From Plural to Singular for Microsoft's Graveley and Garrett
Could not even get the client's name right
Gemini Links 09/05/2026: Inkscape "Copy Text Style" and NomadNet
Links for the day
The Corrupt Lecture the Non-Corrupt - Part XVII - European Patent Office (EPO) Management Not Sharing Responsibility for Financial Resources
For those who wonder, EPO strikes are still going on
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 08, 2026
IRC logs for Friday, May 08, 2026
Gemini Links 08/05/2026: Slop Falsely Marketed to Greedy Administrators and New Official Maintainer of Antenna Confirmed
Links for the day
Links 08/05/2026: French Prosecutors Seek Charges Against MElon, Europe Wants Young People Without Skinnerboxes (Smartphones)
Links for the day
2,000-4,000 More Layoffs Expected at IBM's Kyndryl, Some Say Over 10,000 Layoffs
They use euphemisms like "restructuring" or "rebalancing"
Gemini Links 08/05/2026: Dissociated Pride and Prejudice, Smallnet Protocols Roundup
Links for the day
Links 08/05/2026: Slop Profiteer NVIDIA (and Circular Financing/Accounting Fraud Leader) May Be Liable for Mass Copyright Infringement, Kyndryl (IBM) Layoffs
Links for the day
Outgoing OSI Chief Was Paid by Microsoft to Advocate for GPL Violations (Using the OSI's Name). Now, Inside OIN, He Says GPL Violations Are 'Freedom'.
It seems like only compromised people can be "allowed" to run today's OSI
SLAPP Censorship - Part 70 Out of 200: Microsoft's Graveley Injunction Request 100% the Same as Garrett's (Pure 'Copy-paste', Not Even a Word or Single Character Changed!)
Not so funny at all
Over 97% of the 'Linux' Foundation's Budget Goes Not to Linux
There is a term for this: mission creep
Cloudflare is a Giant Pile of Debt, Now There Are Mass Layoffs and Media Coverage About This is Churnalism, Sometimes by Slopfarms (False Excuses)
If Cloudflare goes under, it'll be great news
NDAs as a Price Tag on Criticism (or Honest Expressions of Opinion)
What ever happened to accountability? Suppressed by reverse bribes (via NDAs)?
Internal Microsoft Communications Confirm: "Buyout" Offer Worse Than a Year's Salary and Microsoft Offers "Retirement" to Young People Who Cannot Retire
Does that sound like a good offer or marching orders?
It's Not a GAFAM World Anymore and There Are Far More Operating Systems Than Google's, Apple's, and Microsoft's
we're not getting the full picture of what's happening
Site Overhauls at Cybershow and at analognowhere.com (Less is More!)
They seem to be replacing the heavy PHP backend with static HTML pages
Microsoft's XBox is Going Away Like Microsoft's Skype (Slowly But Surely, Then All at Once)
XBox is dying rapidly
Codecs and Software Patents - Part IV - Things Got So Bad That Some Laptop Sales Got Banned in the EU (Over Software Patents!)
If software patents lead to such severe outcomes, shouldn't the media pay closer attention to the problem?
The Corrupt Lecture the Non-Corrupt - Part XVI - EPO Had Data Breaches, Covered Them Up, Now Lectures Staff That Didn't Do It and Didn't Cover It Up
Imagine what would happen to staff if (non-anonymously) blowing the whistle on management leaking and then covering up EPO data breaches
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, May 07, 2026
IRC logs for Thursday, May 07, 2026
Mass Layoffs at IBM's Kyndryl, Slop Won't Save Kyndryl
Kyndryl is a "done deal". It's done. It's finished.
Kyndryl Holdings Inc Falls Almost 15% in 2 Days, What Does That Tell Us About IBM?
The "Big Blue" 'shell game' isn't working
Companies That Say They Are "Hey Hi" (AI) Leaders Don't Really Do Well, They Have Mass Layoffs Because Hype and Storytelling Won't Live Up to Shareholders' Expectations
Microsoft's investment in slop is not going well
Gemini Links 07/05/2026: Unicode and "RSS 4 Noobs (Getting Started)"
Links for the day
During IBM's Annual Event/Bash IBM's Stock Fell to (Almost) Lowest Level in a Year, Insiders Explain "IBM is on the Brink of Collapse."
Anthropic - like IBM - pays the media for puff pieces, exaggerations, and obvious vapourware
Servers Became "Cloud", VR Became "Metaverse", Now Bots Become "Agents" (of Slop)
Changing the name of things won't prevent rejection, only delay the negative reaction some more
Links 07/05/2026: "The ‘Perfect Storm’ Hanging Over Britain’s Public Debt" and "Internet Shutdowns Spread in Africa"
Links for the day
OSI Partners With Microsoft to Help Pretend Proprietary (GitHub) 'Celebrates' Open Source
And a Microsoft operative announced this as well
Links 07/05/2026: "Most Vibe-coded (Slop) Tools Are Not for You" and "Prepare for the PCB Shortage"
Links for the day
SLAPP Censorship - Part 69 Out of 200: Microsoft's Graveley Strangles, Gets Arrested, Charged, Then Asks for Apology From Those Who Reported It by Recycling Garrett's Plea for Apology
Garrett realised that his "funny" lawsuit wasn't so funny anymore
Codecs and Software Patents - Part III - AOMedia Video 1 (AV1) and Antitrust Issues
As we'll show in later parts, this already results in bans of some hardware sales in Europe
The Corrupt Lecture the Non-Corrupt - Part XV - Talking About Responsibility and Accountability While Failing to Hold Themselves Accountable
what outlet is there for justice or for the Rule of Law?
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, May 06, 2026
IRC logs for Wednesday, May 06, 2026
Gemini Links 07/05/2026: Dissociated Jekyll And Hyde, New Antenna 2.0.0
Links for the day