The LMI was set up by Mr Torvalds with John Hall as non-profit organization to license the use of the word Linux and ensure it was retained as a trademark by being "vigorously defended", in keeping with trademark law.

Its attempt to do so in Australia by registering the term Linux as a trademark hit a snag last week as Intellectual Property Australia rejected the bid made by Linux advocacy group Linux Australia Inc on behalf of Mr Torvalds on the grounds that Linux was not distinctive enough to be trademarked.

The LMI has rejected reports that the attempt "failed" however. "An initial ruling like this is normal. LMI now has the opportunity to offer clarifying facts and evidence. LMI is confident that the final determination will be favorable," it stated.

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