Red Hat Comments on License Agreement

Pamela Chestek pchestek at redhat.com
Fri Aug 28 22:39:25 UTC 2009


Richard Koerber wrote on 08/28/2009 05:27 PM:
>> [Indemnification] Likewise,
>> if the only reason you are in the lawsuit is because you are using the
>> Fedora trademark, Red Hat has to pay the whole amount. That seems fair.
>>     
>
> Just a question here: Does this part of the indemnification apply world-wide?
>   
Not quite.  The indemnification clause says we will indemnify for 
trademark infringement only in those countries where the trademark is 
registered.  It is registered in Germany (all of the EU, so Austria too) 
and the United States, so we would indemnify in those countries.  If you 
have a German web site it's unlikely that you would be sued in some 
other random country, although I can't say it would never happen.

To avoid the question, I'd rather not give a list of countries where 
FEDORA is registered.  Since this is a public list, I'd rather not 
identify the countries where we don't yet have registrations, because it 
would make it much easier for someone to know where to go to file an 
application and try to steal the mark.  If anyone has questions about a 
particular country, please contact me off-list.
>   
> This was a major concern for me, and it's good to know that a minor breach
> would not violate the contract.
>
> This is especially important for forums and comment areas, where visitors can
> post freely. It would be a bad thing if a visitor's post would lead to the
> termination of the contract. There should be a certain level of tolerance, for
> example if someone posts "Fuhdora Project"...
>   
I'm glad to hear I could clarify it.  It shouldn't be a major concern 
and we try not to have unreasonable expectations.  And I'm sure you'd 
let us know if they were unreasonable! ;-)
> If I would start to write "Fedora®", but would not write a trademark symbol
> for (let's say) "Intel", a visitor could conclude that Fedora is a registered
> trademark, and Intel is not. I am afraid I could then be a target for a
> trademark infringement claim from Intel. :) (Remember: German law applies.)
>   
Do you know for a fact that this is true under German law?  If you could 
point me to a reference that would be very helpful.  I don't know, 
although I can ask German colleagues about it.  The statement you use is 
one that a trademark owner and its licensees would use for their own 
protection (defensively), but it seems unusual to me that a company 
could make an offensive claim against you for inconsistent marking.  If 
that's the case under German law though, we're happy to accommodate it.

>
> For me it is crucial that I am still allowed to publish my intellectual
> property about Fedora, even if, for example, I terminate the contract because
> I shut down the site for financial reasons.
>   
You would still own your own intellectual property, although your use of 
the Fedora trademarks would have to be fair use (or the equivalent 
concept locally).
>
> Pam, your posting was the first one that really addressed my concerns, and I
> am relieved that they can be resolved. Thanks again for your work, and for
> joining the discussion.
>   
I'm very glad I could answer your questions, and even more glad that my 
information addressed your concerns positively.

Pam




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