PROJECT BLACKHAT

[patrick quinn]

hello team fedora
me and my team are curentuly working on a reactos (http://www.reactos.org) based os called
blackhat which is open source and 100% free.blackhats party piece is its ability to run
not only win32 but linux applications nativily.blackhat plays host to the latest open
source and gnu software and environments .it will ultimately use the gnome interface as
the default gui and have xgl alike abilites.i was wondering if you would be willing to put
your name to this project amd give you very minor help and in exchange you will have
permenant ad space at the top of are webpage and other fedora promotions troughout the os
(eg in the welcome center).we will not ask anything of significance from you just giving
blackhat some of that unmistakeable fedora charm.i personally am a huge fan of your os and
hence the reason we have come to you.we would really aprecieate a reply be it negitive or
positive
seasons greetings
team blackhat
 
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[Tom Callaway]

On Mon, 2007-11-26 at 02:03 +0000, patrick quinn wrote:
>  hello team fedora
>  me and my team are curentuly working on a reactos (http://www.reactos.org) based os
> called blackhat which is open source and 100% free.blackhats party piece is its ability to
> run not only win32 but linux applications nativily.blackhat plays host to the latest open
> source and gnu software and environments .it will ultimately use the gnome interface as
> the default gui and have xgl alike abilites.i was wondering if you would be willing to put
> your name to this project amd give you very minor help and in exchange you will have
> permenant ad space at the top of are webpage and other fedora promotions troughout the os
> (eg in the welcome center).we will not ask anything of significance from you just giving
> blackhat some of that unmistakeable fedora charm.i personally am a huge fan of your os and
> hence the reason we have come to you.we would really aprecieate a reply be it negitive or
> positive
>  seasons greetings
>  team blackhat 
Patrick,

At this time, we only permit use of the Fedora trademark when the "spin"
is composed entirely from Fedora packages. As your OS is not based on
Fedora, it would not qualify.

Best of luck to you,

~spot

[Mohd Izhar Firdaus Ismail]

On Nov 26, 2007 10:03 AM, patrick quinn <pferpaddy(a)hotmail.com&gt; wrote:
>  hello team fedora
>  me and my team are curentuly working on a reactos (http://www.reactos.org) based
>  os called blackhat which is open source and 100% free.blackhats party piece is its
>  ability to run not only win32 but linux applications nativily.blackhat plays host to the
>  latest open source and gnu software and environments .it will ultimately use the
>  gnome interface as the default gui and have xgl alike abilites.i was wondering if you
>  would be willing to put your name to this project amd give you very minor help and in
>  exchange you will have permenant ad space at the top of are webpage and other
>  fedora promotions troughout the os (eg in the welcome center).we will not ask
>  anything of significance from you just giving blackhat some of that unmistakeable
>  fedora charm.i personally am a huge fan of your os and hence the reason we have 
by charm .. what did you mean?

>  come to you.we would really aprecieate a reply be it negitive or
> positive
>  seasons greetings
>  team blackhat
>
>  _________________________________________________________________
>  Get the next generation of Windows Live services now!
>  http://get.live.com
>
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>  fedora-devel-list(a)redhat.com
>  https://www.redhat.com/mailman/listinfo/fedora-devel-list
>  


-- 
Mohd Izhar Firdaus Bin Ismail
Amano Hikaru
天野晃 「あまの ひかる」
http://fedoraproject.org/wiki/MohdIzharFirdaus
http://blog.kagesenshi.org
92C2 B295 B40B B3DC 6866  5011 5BD2 584A 8A5D 7331

[Mike A. Harris]

patrick quinn wrote:
>  hello team fedora
>  me and my team are curentuly working on a reactos (http://www.reactos.org)
>  based os called blackhat which is open source and 100% free.blackhats
>  party piece is its ability to run not only win32 but linux applications
>  nativily.blackhat plays host to the latest open source and gnu software
>  and environments .it will ultimately use the gnome interface as the
>  default gui and have xgl alike abilites.i was wondering if you would
>  be willing to put your name to this project amd give you very minor
>  help and in exchange you will have permenant ad space at the top of
>  are webpage and other fedora promotions troughout the os (eg in the
>  welcome center).we will not ask anything of significance from you
>  just giving blackhat some of that unmistakeable fedora charm.i
>  personally am a huge fan of your os and hence the reason we have come
>  to you.we would really aprecieate a reply be it negitive or positive
>  seasons greetings
>  team blackhat 
Hi there,

This is an interesting looking project.  It's been quite a number of
years since I checked up on the progress of the ReactOS project, but
nice to see it's still active.

IANAL, but one rather important thing which your project may not be 
aware of, is that under trademark law, one must be careful not only to 
avoid infringing directly upon a trademark, but also to avoid using what 
the law calls "confusingly similar" terms as well.  As an example, if an 
entrepreneur tried to open a new restaurant chain with the name "Burger 
Queen" or "Sausage King", the law would probably find these terms to be 
"confusingly similar" to "Burger King" and the owner of the Burger
King 
trademark would have to defend their trademark by sending a legal notice 
of trademark contention (or whatever the correct legal term is).

Trademark law is pretty much "defend it or lose it" and so trademark 
owners who are aware of mark violations, or usage of confusingly similar 
marks don't have much choice but to defend their marks or risk losing them.

Red Hat has put up their trademark guidelines document to provide 
guidance on appropriate use of Red Hat's trademarks, as well as 
providing some general trademark related information to help ensure that 
others do not intentionally or unintentionally violate Red Hat's 
trademarks or use confusingly similar terms.

I highly recommend reading the Red Hat Trademark guidelines, which can 
be found at:  http://www.redhat.com/about/companyprofile/trademark

Here is a direct link to the PDF document:
http://www.redhat.com/f/pdf/corp/RH-3573_284204_TM_Gd.pdf

Have a look at page 3, section C, which covers plays on words, and 
"confusingly similar terms" which may cause confusion in the 
marketplace.  Here is an excerpt:

	C. “Plays On Words” And Other Actions That May Cause
	 Confusion Are Also Prohibited
	...
	Some examples of prohibited uses include, but
	are not limited to, “Red Cap” Linux, “Sombrero Rojo”
	(“Red Hat” translated into Spanish) Linux, “Redd Hatte”
	Linux, “RH” Linux, and “Green Hat” Linux.



Since "Green Hat" is directly refered to in the Red Hat trademark 
guidelines as being one example of a confusingly similar mark which 
would be prohibited.  I think it would be safe to also assume that 
"Black Hat", "blackhat" or more generically "$any_color 
$any_type_of_hat" would equally be considered to be prohibited.

My suggestion, would be to change the name and totally avoid any 
possible chance of potentially stepping on trademark related issues.

You could still keep a similar theme of "$color $something", just don't 
use "Red" or "Hat" or any other word that means "hat" or is
a type of 
hat, and you're probably ok.  In the past, there have been "Blue Sky 
Linux", "Green Frog Linux", "Yellowdog Linux", "Black Flag
Linux", "Pink 
Tie Linux", and "White Box Linux" that I'm aware of, and probably a 
number of others as well.  As far as I recall those names were all ok, 
although as I said above, IANAL.  ;o)

Here are some ideas:

"Black React"
"Black Reaction"
"Black Force"
"Black Ham"

I've no idea if any of those suggestions would be considered confusingly 
similar either of course, so if you use one of them and get legal papers 
in your mailbox, don't blame me!  ;o)   If in doubt though, it is best 
to directly consult with an intellectual property attourney.

Anyhow, since I've seen these sort of trademark issues arise in the 
past, and sometimes people end up getting upset.  I thought I would give 
a heads up before people print out any company letterheads with names on 
them which might be considered to be in conflict with Red Hat's marks.

Hope this helps.



P.S.  Don't hate the players...  hate the game...  ;o)


-- 
Mike A. Harris

Come and join us on the #fedora8 IRC help forum on irc.freenode.net

[Michael Schwendt]

On Mon, 26 Nov 2007 08:40:53 -0500, Mike A. Harris wrote:

>  You could still keep a similar theme of "$color
> $something", just don't 
>  use "Red" or "Hat" or any other word that means "hat" or is
> a type of 
>  hat, and you're probably ok.  In the past, there have been "Blue Sky 
>  Linux", "Green Frog Linux", "Yellowdog Linux", "Black Flag
> Linux", "Pink 
>  Tie Linux", and "White Box Linux" that I'm aware of, and probably a 
>  number of others as well.  As far as I recall those names were all ok, 
>  although as I said above, IANAL.  ;o) 
"Red Flag Linux" is available, too. ;)

http://www.redflag-linux.com/eindex.html

[Nicolas A. Corrarello]

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

Once someone called me asking for support on a computer they've bought
with Red Flag, (I do work at Red Hat).
Michael Schwendt wrote:
>  On Mon, 26 Nov 2007 08:40:53 -0500, Mike A. Harris wrote:
>  
> > You could still keep a similar theme of "$color $something", just don't
>
> > use "Red" or "Hat" or any other word that means "hat"
> or is a type of 
> > hat, and you're probably ok.  In the past, there have been "Blue Sky 
> > Linux", "Green Frog Linux", "Yellowdog Linux", "Black
> Flag Linux", "Pink 
> > Tie Linux", and "White Box Linux" that I'm aware of, and probably
> a 
> > number of others as well.  As far as I recall those names were all ok, 
> > although as I said above, IANAL.  ;o)
>  
>  "Red Flag Linux" is available, too. ;)
>  
>  http://www.redflag-linux.com/eindex.html
>   

- --
- - --
Nicolas A. Corrarello
Fedora Ambassador Argentina 	   c: [phone]
		                   e: ncorrare(a)fedoraproject.org
GPG Key: DFC893EE                  h:
fedoraproject.org/wiki/NicolasCorrarello/
GPG Fingerprint: 5C93 42DA 98E1 4EEF B24B  7F8C E145 B2F9 DFC8 93EE
Import my key: $ gpg --keyserver pgp.mit.edu --recv-key 0xDFC893EE
> -----BEGIN PGP SIGNATURE-----
> Version: GnuPG v1.4.7 (GNU/Linux)
> Comment: Using GnuPG with Fedora - http://enigmail.mozdev.org
>
> iD8DBQFHSutO4UWy+d/Ik+4RAr4TAJ9KY1gU5PkC1W7pt0fToex+bjokaACggdFr
> JEGf/aDWX+yFATOGyE11Acs=
> =O3UC
> -----END PGP SIGNATURE-----

[Mike A. Harris]

Michael Schwendt wrote:
>  On Mon, 26 Nov 2007 08:40:53 -0500, Mike A. Harris wrote:
>  
> > You could still keep a similar theme of "$color $something", just don't
>
> > use "Red" or "Hat" or any other word that means "hat"
> or is a type of 
> > hat, and you're probably ok.  In the past, there have been "Blue Sky 
> > Linux", "Green Frog Linux", "Yellowdog Linux", "Black
> Flag Linux", "Pink 
> > Tie Linux", and "White Box Linux" that I'm aware of, and probably
> a 
> > number of others as well.  As far as I recall those names were all ok, 
> > although as I said above, IANAL.  ;o)
>  
>  "Red Flag Linux" is available, too. ;)
>  
>  http://www.redflag-linux.com/eindex.html 
Yes, communist China does not tend to care too much about the world's 
intellectual property laws.  I wouldn't recommend them as an example for 
others to follow however.



-- 
Mike A. Harris

Come and join us on the #fedora8 IRC help forum on irc.freenode.net