debian at herakles.homelinux.org
Tue May 10 02:47:52 UTC 2005
Thomas Cameron wrote:
> I can certainly understand your point of view, but seriously - what on
> Earth would Red Hat gain by jacking with the Cornell/UVA project? There
> is no competition, they are in different areas of technology.
As I understand it, the holder of a trademark has to defend unauthorised
use of the trademark, or lose it.
If I use the trademark "Red Hat," say to represent my product, outside
Red Hat and the law's guidelines, and Red Hat does not defend its
trademark, then it loses its rights to the trademark.
As I understand US law, I can use "Red Hat" in some ways to compare my
product with Red Hat's, but I must acknowledge Red Hat's trademark.
But then IANAL and I'm certainly not an American lawyer.
Presumably Red Hat can settle the matter with a written undertaking
grant the others a licence to use the name in certain ways, and for the
others to not use it in ways that conflict with Red Hat's needs. I
suspect that promising not to sue is not enough lest RH loses the trademark.
Possibly, both parties could skirt round the issue by trademarking
critical phrases such as "Fedora Core," "Fedora Extras," "Fedora Digital
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