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Re: The current Trademark License Agreement is unacceptable



On Thu, Aug 27, 2009 at 3:28 PM, Richard Koerber<fedora ml shredzone de> wrote:
> Hi Paul!
>
> Thank you for your answer. Like Christoph, I am also concerned about signing
> the TLA for my German Fedora web site. I will try to explain my concerns, even
> though it will be difficult for me, since the topic is rather complex and
> English isn't my native language.
>
>> Section 3 only contemplates a transfer of the domain name.  There's no
>> implication for the content of the website (data), which remains the
>> property of the previous owner.  You can transfer a domain name
>> without transferring any data or content, but I suspect you knew that
>> already. ;-)
>
> I do not completely agree. The TLA also says: "The right to use the Licensor's
> Trademarks will cease immediately upon the termination or expiration of this
> Agreement and Licensee must immediately discontinue use of the Licensor's
> Trademarks."
>
> If I understand it correctly, it means that after termination, I would not
> only have to give away the domain, but I would also have to stop using the
> word "Fedora" at all.

As someone told me long ago, when you start having ideas about
absolutes in law, go see a lawyer. They are the only one who are
qualified to properly parse that for you. As in where the word Fedora
is used in context or not. "I am putting the Fedora on my head... "
probably not in context of trademark. "I am using Fedora on my
computer." Possibly in context but is it being used in a way that
infringes? I am using IamFedoraIn.de as my domain and how I make money
by representing myself as Fedora in Germany... probably in context.

In all the case, you need a lawyer to properly parse this for your
case. That is the problem with the real world... its more complicated
that figuring out why your ruby script is not working on your
Ruby->Python->Forth->Hardware emulated system.


-- 
Stephen J Smoogen.

Ah, but a man's reach should exceed his grasp. Or what's a heaven for?
-- Robert Browning


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