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The Open Group currently owns the trademark to Unix, while other parties claim to own some of the intellectual property behind Unix. The Open Group requires that products pass a number of different tests in order to bear the Unix name; part of the licensing fee charge goes towards that compliance testing.

For what it's worth, this lawsuit is over 18 months old (it was filed back in December 2001). It's only gaining attention due the the kerfuffle that SCO is causing.
 
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