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Re: Red Hat Comments on License Agreement

>> 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.

There is no precedence for my example. Anyhow there is a legal
construction called "Störerhaftung" (verbatim translated as "disturbance
liability"), which (simply spoken, as I am not a lawyer) makes me liable
for helping on trademark infringements.

For example, if I link to a page that infringes a trademark, I can be
sued for placing that link even if I wasn't aware of that infringement.
Some "black sheep lawyers" make a fortune with that construction. I just
want to try my best to stay in safe waters, by refraining from
experiments with trademark signs. ;-)

The trademark guidelines talk about the "first instance of the
trademark". If I understand it correctly, it is not required to place a
trademark sign on any occurance of "Fedora". But what exactly is the
"first instance"? Maybe we can find a win-win situation here.


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