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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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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 Trademark needs to be exact, It's a Fedora (Generic) and it's not red, and it's not pointing the right direction.
Just ask Rob about the IBM Logo, IBM said that since it wasn't the proper ratio it wasn't a valid Logo. In an old job we got to co-brand with IBM, and the dimensions were defined down to the width of the spaces and blue in the lettering.
This sig is the express property of someone.
Just call it Firebird!
1. Bowler
2. Beanie
3. Tinfoil
4. Fez
5. Toque
6. Skullcap
7. Helmet
8. Cowboy Neal's AssHat
Click here to view the status of Red Hat's Trademark filing.
-- Stu
/. ID under 2,000. I feel old now.
Actually you can, if it's a made-up word. Now that Phillip-Morris is "Altria" or whatever, I can't go and start "Altria Lumber Concern" even though lumber isn't related to their cancer creation service.
But, since neither party made up the word "Fedora", you may have a point. However, the "field" is generally recognized to be rather broad, for example, "software". If some company decided to call its telephony software suite "Nero Burning ROM", Ahead could still stop them even though telephony and CD recording are ostensibly different fields.
All's true that is mistrusted
A search at the US patent and trademark office lists 4 registered trademarks with the word fedora in them.
. 73467748 Feb 28 1984 Fedora Cafe and Bar
. 78296509 Sept 5 2003 Red Hat
. 78268874 June 30 2003 cosmetics
. 78312293 Oct 10 2003 Chemical Data Software
The fedora.info site of the complaining fedora project is using a tm symbol next to thier name on the site, but they have not registered it with the US trademark office.
It is not exclusively trademarked for software by fedora.info.
This could be forgiven of a small independent group, but this group is a co sponsored project, part of Cornell University and University of Virginia both of which I am sure have strict policies about things like Trademark, copyright and patents. And both have the legal staff to handle it.
Sorry but they won't get any sympathy from me, and no support from the law.
Trademark is not like copyright law, you must register to get exclusive control for a product in a market.
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.
The last entry on the way back machine doesn't show that TM on the FEDORA Project site.
However, it does appear that they have been using the Fedora name longer than the original Fedora Linux Project, but not longer than Red Hat has been associated with the Fedora.
This user account is inactive account replaced by the PDA
Trademarks are only valid for a limited set of things - you can't TM a word and claim domain over all uses of it.
That's right. Surely, anyone who successfully gained Access to trademark rights on common terms would have quite a Project ahead of them! They would need lawyers that Excel at trademark law to defend them. I doubt that any litigator could ever have the last Word on this issue; the Outlook would not be good. But a savvy legal Explorer could open a lot of Windows into to what goes on behind such strategies.