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Universities Dispute with Red Hat over 'Fedora'
Carl Lagoze points out that a pre-existing software project is already using the Fedora name, dating back to 1998. They're unhappy with Red Hat's claim to the name, and have objected.
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They could be RedFedora.
I, for one, welcome our new Antichrist overlord.
Should we point out to the university that Amazon is the name of a rainforest, and that the online store should change their name?
There are many instances where names overlap in different products, companies and places. It's just something that you have to accept and deal with in a free market economy, and especially OSS.
Or maybe they need to realize that it's okay to have a Fedora Linux project and a Fedora (something else) project. Trademarks are only valid for a limited set of things - you can't TM a word and claim domain over all uses of it.
"We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
A simple Google search on "Fedora" shows the project as the third result (behind two Fedora Linux results.) If you were going to name your project something, don't you think you'd at least take the ten seconds it takes to do a Google search and make sure you're not taking an already-used name? Fedora (Flexible Extensible Digital Object Repository Architecture) is even trademarked, for crying out loud.
Somebody at Red Hat needs their ass kicked over this, methinks.
If the Fedora Project objects, then they should file their own application for trademark registration and an opposition to RedHat's registration.
I have no dispute with the university's prior claim.
But I have to wonder if they have been living under a rock... what took them so long to get vocal about this? RH's Fedora has been on the public radar for a long, long time now.
IANAL, but AFAIK you cannot trademark common English words. The example I've always seen is that you cannot trademark the word "orange", but you could trademark a unique phrase containing the word "orange". The Fedora Project homepage linked from the parent article seems to have the *word* "Fedora" trademarked, which I can't see would be possible (and in fact, it's not listed as a registered trademark, just a trademark - so there's no government sanctioning of their trademark).
I'm not sure I blame Red Hat for this one. A fedora is a fedora, just like an orange is an orange. You can't trademark it. If two companies are using the same word for their software projects, too bad. Protest those who put the word in the Oxford dictionary, maybe... but I don't think there's any real legal claim here.
And I'll close by reminding you again, IANAL.
Fedora is a horrible name. Why waste time and money protecting it? It isn't catchy, it doesn't sound sexy enough to sell to a desktop user and it doesn't sound serious enough for business.
Its a joke and not a very clever one. They had there laugh, now is a good time to move on to more important things.
Quack, quack.
The ought to name it after the cowboy hat, our President (in the U.S.), and after Cowboy Neal!
Windows, Ford, and other are common words. I too, am not a lawyer, but it seems like there's no problem if there's no confusion. The point is to bust people who are piggybacking on someone else's success or giving your product a bad name. These two products could reasonably be confused. Therefore it would be advisable to choose a different name.
> Microsoft thinks it can use the very generic word
> 'windows' exclusively across all computer markets
The amusing part is that Bill Gates' own book states that they were unable to register "Windows" because it was too generic. As a result, they were forced to register names like "Microsoft Windows", "Microsoft Windows 95", "Windows NT", etc. Technically, that means you could build an OS and call it "Bob's Windows".
However, you might still get into trouble for intentionally trying to cause brand confusion. Microsoft would try to convince a judge that you're using the word "Windows" in your name to trick people into thinking that the OS is from Microsoft. You would probably have to build a case around the concept that "Windows" is a generic term for GUI based operating systems. Unfortunately, the only help you'd get there is "X Windows" which is not actually a brand name.
IANAL, and this is not legal advice, blah, blah, blah.
Javascript + Nintendo DSi = DSiCade
The university isn't making a trademark claim. Redhat is, which is going to prevent them from using a name that they've been using for quite some time. The Fedora Info project appears to be ok with Redhat using the name "Fedora", but they're not ok with Redhat trademarking it, as that would interfere with their continued use of the name Fedora. All clear?
They're all computer software, right?
The problem isn't necessarily that Redhat is using Fedora -- it's that they're attempting to trademark it, and restrict others from using it.
Before you send off those interview questions to Matthew Szulik, I think there may be one or two new ones that would be appropriate...
I'm always shocked at these types of naming farces. It is so easy to run a search on any name and determine prior uses. Besides a search engine, other good sources of prior uses of name include any online yellow pages, whois, and the USPTO Trademark Search. A bit of searching before deciding on a name can help prevent these types of trademark infringement problems.
Two wrongs don't make a right, but three lefts do.
The problem is that all the best names are already taken. Some are taken by real companies selling real products, others are taken by obscure one-man-shop programmers. RedHat wanted a cool name for this new product, and realized they'd have better odds picking a fight with a ragtag bunch of students than with a real company with real resources to invest in a legal battle.
I think they're right. Seriously, all the best names are taken. If you're going to create a new product, the best you can hope for is that whoever has already created a product with that name didn't really do much with it, and will be willing to sell you the name (or not put up a fight when you take it anyway).
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