Re: [ox-en] Re: Which Fedora is the real Fedora?
- From: "Benj. Mako Hill" <mako debian.org>
- Date: Mon, 24 Nov 2003 12:30:30 +0100
[ Follow-ups to the list, please. I read the list and don't need extra
copies. :) ]
On Mon, Nov 24, 2003 at 11:06:03AM [PHONE NUMBER REMOVED], Martin Hardie wrote:
Here is a good one for all those in the "doghouse" defending trade
marks - claiming you own something when you don't makes Red Hat
smell a little doesn't it?
Red Hat tell us they own the name but do they?
They are not totally off in claiming a trademark for a mark they have
not registered.
Check out:
http://www.uspto.gov/web/offices/tac/doc/basic/register.htm
Trademarks do not need to be registered although doing so is certainly
advantageous for individuals and corporations in RedHat's position and
with RedHat's goals. Here's an excerpt:
Q: Is registration of my mark required?
A: *No.* You can establish rights in a mark based on legitimate use
of the mark. However, owning a federal trademark registration on the
Principal Register provides several advantages.
http://www.linuxworld.com/story/38021.htm
In September if this year, Red Hat applied to the U.S. Patent and
Trademark Office for a trademark - to cover its use of "Fedora" in
operating systems and related goods and services.
As the New York Times pointed out yesterday, "Red Hat's Fedora
Project site already treats the name as a trademark and cites legal
guidelines for using the term."
Now the Cornell folks may well have a claim to the mark based on
legitimate use although this may depend on how they've used it (it
sure seems to me like they do to me). I simply don't know the
mechanics and specifics of trademark law well enough to go into detail
on this issue.
It sounds like Fedora is a pretty common name for pieces of software
out there (at least 2 others) and Redhat may need to go back and
choose a more unique name if they want a registered mark with the
added protection.
Since there was some misunderstanding last time, this isn't meant as a
defense of contemporary trademark law or RedHat's actions in this case
-- I have many misgivings with both; I'm just trying to help explain
whats going on here. Understanding trademarks is an important first
step in any critique regardless of the conclusions one reaches.
Regards,
Mako
--
Benjamin Mako Hill
mako debian.org
http://mako.yukidoke.org/