Here’s the Affidavit of Ordinary Course Professional [PDF] of Elkington & Fife, by Richard Mark Hiddleston, the law firm for the UK trademark on UnixWare, just filed in the SCO bankruptcy. Since they are filing this affidavit, which is asking to be retained going forward, it’s probably an indication that whatever the issue is between SCO and Novell over this trademark, it isn’t settled yet.
If it were, they’d line up for their money as a creditor, if any money was owed, or not be involved at all if fully paid, which they say they were. But in this filing, they are asking to be involved as an “ordinary course professional” — the latter being an entity that already was performing professional services which wishes to continue to do so after a bankruptcy is filed.
I mention that because some have emailed me with the information from the trademark office, telling me that it “proves” that SCO is owner of the mark. However, if you go to the Office for Harmonization in the Internal Market’s website, as I’m going to show you, and search for trademark number 000183103, you will find that it lists The Santa Cruz Operation, Inc. of California as owner of the mark, not The SCO Group of Utah. They are not one and the same, however much SCO has tried to claim they are.
Ah!
Therein hangs the UK trademark tale, much like the US trademark tale, and if the UK matter were resolved, SCO wouldn’t need this firm ongoing, I don’t think. Let’s look more closely at what’s been happening in the UK and review the US story too, and I think you’ll see what I mean.…more