Trademark license agreement status

Pamela Chestek pchestek at redhat.com
Tue Sep 8 15:52:43 UTC 2009


Richard Körber wrote on 09/08/2009 03:50 AM:
> Paul,
>
> thank you and Pamela for your efforts regarding the TLA. Anyhow my
> questions about a proper "permitted use" remained unaddressed.
>   
As I mentioned, I was checking with some colleagues on their thoughts 
about whether it was problematic to ask for trademark symbols to be 
used. Unfortunately no one had a clear answer.  In light of the 
uncertainty, I would recommend to Fedora that the Trademark Guidelines 
and the TLA (In Exhibit C) both be amended to state (borrowing the Sun 
approach), "The '®' symbol should be placed after the first or most 
prominent use of the FEDORA Mark and the 'TM' should appear after the 
first or most prominent use of the Infinity design logo unless your 
editorial convention is never to use symbols with any company's marks, 
including your own."  Therefore, if you aren't doing it for anyone else 
you don't have to do it for Fedora.  Note that Fedora still asks that 
the trademark legend ("Fedora and the Infinity design logo are 
trademarks of Red Hat, Inc.") be included, but that can be on the 
imprint page.

The mirroring issue has been addressed with a change to the contract, 
available in draft here: 
http://fedoraproject.org/wiki/Trademark_license_agreement.  In it, a new 
sentence was added in paragraph 4 that says "If the Web Pages are a 
verbatim copy of official Fedora Project website materials (currently at 
www.fedoraproject.org), the obligations of this paragraph have been 
satisfied."

Are there any other outstanding issues?  I looked through the emails and 
believe they've all been addressed.  Is there something I missed?
> I spent the weekend thinking, and finally I decided to close down my
> Fedora site. I can publish the content anywhere else, so after all,
> we're just talking about a mere domain. For me, it's not worth all the
> fuss. It's easier to continue writing about Fedora in my private blog,
> though honestly with less motivation to do so.
>
> It's an experience with a slightly bitter touch, because this is the
> second time I finally closed down a successful community site because of
> American trademark law.
>
>   
Richard, I'm sorry to hear that we haven't yet been able to satisfy all 
your concerns and I hope you can clarify for me any additional issues 
that are still problematic for you.  Your help has been invaluable in 
this process and I believe we have a much better agreement because of it.

Pam




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