Re: Trademark license agreement status

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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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