[council] #64: Fedora Design: possible trademark violation

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#64: Fedora Design: possible trademark violation
-------------------+-----------------------------
 Reporter:  potty  |     Owner:
   Status:  new    |  Priority:  normal
Component:  Legal  |  Keywords:  legal, trademark
-------------------+-----------------------------
 Hello Council!

 I found another similar situation as my previous ticket related to Fedora
 Security.

 There is a website called Fedora Design [1] which is not related to the
 Fedora Design Suite Lab [2]. As I understand from the Trademark Guidelines
 [3], it is a violation. Quote: "Fedora®, the Fedora word design, the
 Infinity design logo, Fedora Remix, and the Fedora Remix word design,
 '''either separately or in combination''', are hereinafter
referred to as
 "Fedora Trademarks" and are trademarks of Red Hat, Inc."

 Thanks in advance.

 Regards!

 Reference:
 [1] ​http://www.fedoradesign.com/
 [2] ​https://labs.fedoraproject.org/en/design-suite/
 [3]
 https://fedoraproject.org/wiki/Legal:Trademark_guidelines?rd=Legal/Tradem...

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Ticket URL: <https://fedorahosted.org/council/ticket/64>
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#64: Fedora Design: possible trademark violation
------------------------------+---------------------
 Reporter:  potty             |       Owner:
   Status:  new               |    Priority:  normal
Component:  Legal             |  Resolution:
 Keywords:  legal, trademark  |
------------------------------+---------------------

Comment (by jflory7):

 I'm just an observer, but when I was going through the website, I couldn't
 find any tie or connection to the Fedora Project or use of any of our
 trademarks (other than "Fedora Design"). I visited all of the pages and
 tried to see if there was anywhere this might be the case, but I couldn't
 see anything other than the coincidental pairing of words.

 As I said, I'm just an observer, but I think to act on this case may not
 be the best decision for Fedora… it's a website that isn't discernibly
 trying to piggyback off our brand name for their own benefit or use our
 trademark to steal traffic or notoriety. Trademark and our brand name is
 something that I believe is quintessential for us to protect, but I don't
 think it's being violated in this situation.

 The way I think about it is if I were the owner of fedoradesign.com and I
 received an email asking to change my site name or a cease-and-desist
 letter, I would have a very sour opinion of the Fedora Project and think
 that the decision was in poor taste.

 This is just my own 2¢.

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Ticket URL: <https://fedorahosted.org/council/ticket/64#comment:1>
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#64: Fedora Design: possible trademark violation
------------------------------+---------------------
 Reporter:  potty             |       Owner:
   Status:  new               |    Priority:  normal
Component:  Legal             |  Resolution:
 Keywords:  legal, trademark  |
------------------------------+---------------------

Comment (by robyduck):

 Replying to [comment:1 jflory7]:
>  I'm just an observer, but when I was going through the website, I
 couldn't find any tie or connection to the Fedora Project or use of any of
 our trademarks (other than "Fedora Design"). I visited all of the pages
 and tried to see if there was anywhere this might be the case, but I
 couldn't see anything other than the coincidental pairing of words.
>  As I said, I'm just an observer, but I think to act on this case may not 
 be
the best decision for Fedora… it's a website that isn't discernibly
 trying to piggyback off our brand name for their own benefit or use our
 trademark to steal traffic or notoriety. Trademark and our brand name is
 something that I believe is quintessential for us to protect, but I don't
 think it's being violated in this situation.
>  The way I think about it is if I were the owner of fedoradesign.com and 
 I received
an email asking to change my site name or a cease-and-desist
 letter, I would have a very sour opinion of the Fedora Project and think
 that the decision was in poor taste.
>  This is just my own 2¢. 
 No you can not use Fedora in the domain, it's a
trademark.

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Ticket URL: <https://fedorahosted.org/council/ticket/64#comment:2>
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#64: Fedora Design: possible trademark violation
------------------------------+---------------------
 Reporter:  potty             |       Owner:
   Status:  new               |    Priority:  normal
Component:  Legal             |  Resolution:
 Keywords:  legal, trademark  |
------------------------------+---------------------

Comment (by smooge):

>  No you can not use Fedora in the domain, it's a trademark.
 If it was that simple then domain registrations could just black list the
 word fedora and many others from being allowed in any domain. There are a
 lot of tests that need to be done by lawyers and a court to say if
 anything is a 'trademark violation'. [This is not to say that this is or
 is not a trademark violation just that they are rarely simple you can't do
 X.]

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Ticket URL: <https://fedorahosted.org/council/ticket/64#comment:3>
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#64: Fedora Design: possible trademark violation
------------------------------+---------------------
 Reporter:  potty             |       Owner:
   Status:  new               |    Priority:  normal
Component:  Legal             |  Resolution:
 Keywords:  legal, trademark  |
------------------------------+---------------------

Comment (by mattdm):

 I will forward this concern to Legal for advice. Please don't discuss
 further here right now. Thanks.

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Ticket URL: <https://fedorahosted.org/council/ticket/64#comment:4>
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#64: Fedora Design: possible trademark violation
------------------------------+-----------------------
 Reporter:  potty             |       Owner:
   Status:  closed            |    Priority:  normal
Component:  Legal             |  Resolution:  declined
 Keywords:  legal, trademark  |
------------------------------+-----------------------
Changes (by mattdm):

 * status:  new => closed
 * resolution:   => declined


Comment:

 Thanks for the report. As the site is in the business of selling rugs,
 rather than the areas our trademark covers, we're not going to follow up
 at this time.

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Ticket URL: <https://fedorahosted.org/council/ticket/64#comment:5>
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