Re: Re : Fedora Dispute

From: Matthew Miller (mattdm_at_mattdm.org)
Date: 05/08/05

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    Date: Sun, 8 May 2005 14:46:07 -0400
    To: For users of Fedora Core releases <fedora-list@redhat.com>
    
    

    On Sun, May 08, 2005 at 08:48:55AM -0500, Thomas Cameron wrote:
    > Red Hat is trademarking Fedora *as it relates to a Linux operating system
    > distribution.* Red Hat admits that Cornell/UVA have prior use and are not
    [...]
    > The Cornell/UVA folks and some people in the community are making more of
    > this than they need to. Red Hat is not the villain here. They are just
    > trying to protect the hard work they're doing with the Fedora distribution.
    > They have no desire to impinge on the Cornell/UVA folks, and it is a pretty
    > wild stretch of the imagination that this would ever happen.

    To me and you there isn't. To US trademark law, I don't think it's so clear.
    Trademarks need to be unique within one of the 45 official international
    classes of goods and services -- and class 42 is:

       CLASS 42 (Computer, scientific & legal)

       Scientific and technological services and research and design relating
       thereto: industrial analysis and research services; design and
       development of computer hardware and software; legal services.

    So, not only are operating systems and digital content management systems
    not legally distinct, we're not even particularly distinct from any other
    scientific services, or from legal services -- all the same thing as far as
    trademark distinctiveness goes.

    -- 
    Matthew Miller           mattdm@mattdm.org        <http://www.mattdm.org/>
    Boston University Linux      ------>                <http://linux.bu.edu/>
    Current office temperature: 73 degrees Fahrenheit.
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