MESSAGE
| DATE | 2003-07-01 |
| FROM | From: "Inker, Evan"
|
| SUBJECT | Subject: [hangout] linuxiso.org gets a cease and desist letter from RedHat.
|
Seems Redhat has their 'Horns Twisted" ....
http://linuxiso.org/forums/viewtopic.php?t=7825&start=0&postdays=0&postorder
=asc&highlight=&sid=62409f7504a2e3bd8315642d85c761d2
linuxiso.org gets a cease and desist letter from RedHat.
Joined: 23 Mar 2002
Posts: 147
Location: Wilson, NC USA
Posted: Thu Jun 26, 2003 4:18 pm Post subject: linuxiso.org gets a cease
and desist letter from RedHat.
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I received this well written letter from the brilliant people at RedHat.
Since linuxiso.org does not sell or actually distribute anything, I am
trying to decide how to respond. What should I do? My first instinct is to
remove any links to RedHat, as we did to Caldera.
Rick
Text of letter
Dear Sir/Madam:
I am writing on behalf of Red Hat, Inc. with respect to its trademark
matters.
Red Hat, Inc. is the owner of several trademark registrations worldwide for
the marks RED HAT and "Shadow Man" logo. In addition, Red Hat, Inc. has made
extensive use of its trademarks in interstate and international commerce in
connection with the advertising, promotion, and sale of its Internet and
computer-related goods and services. The RED HAT and "Shadow Man" marks have
become very famous and many consumers recognize these marks as distinctive
symbols of our goodwill. We would like to direct you to a link which
provides details of our trademark guidelines for your reference:
http://www.redhat.com/about/corporate/trademark
It has come to our attention that you are offering for sale replicated
versions of RED HAT Linux on your commercial website at www.linuxiso.org. In
addition, your website bears the famous RED HAT and "Shadow Man" trademarks,
and imbeds the words "RED HAT" in the form of metatags in violation of
trademark law.
Red Hat, Inc. is concerned that your unauthorized commercial use of its
trademarks is likely to create confusion, mistake and/or deception among
consumers with respect to the source, origin, sponsorship or approval of the
products sold on your website. In addition, your commercial use of RED HAT
and the "Shadow Man" logo dilute the distinctive qualities of these marks in
violation of the Federal Dilution Act.
While it is completely legal to copy and redistribute the Linux software
under the GNU General Public License, it is not legal to name that software
"RED HAT" or any similar name thereof. The GNU General Public License deals
specifically with the underlying copyrights of the software; not the
trademarks owned by Red Hat, Inc. You are free to call the software by any
name of your choosing provided that it does not infringe on the trademarks
of Red Hat, Inc. or any third party.
Consequently, we request that you immediately cease and desist from making
current or future use of any of Red Hat's trademarks. Thus, we ask that you
edit your website to comply with Red Hat's trademark guidelines by removing
all references to the RED HAT and "Shadow Man" marks (or any similar name or
abbreviation) and remove our trademarks from your metatags.
Please provide us with a response by July 3, 2003. We look forward to
working with you toward an amicable resolution to this matter. In the
meantime, if you have any questions, please do not hesitate to contact us.
Very truly yours,
Jennifer A. Ennis
Trademark Administrator
Red Hat, Inc.
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