Digimer <lists@...> writes:
>
> On 09/03/14 08:26 PM, Always Learning wrote:
> >
> >> On Sun, Mar 9, 2014 at 5:12 PM, Pouar <thepouar@...> wrote:
> >>>
> >>> I'm thinking of creating a project based on JBoss EAP the same way
> >>> CentOS does with RHEL. Obviously I can't call it JBoss EAP so I thought
> >>> I could call it CentAP, for Community Enterprise Application Platform.
> >>> Will this infringe on the Red Hat and/or CentOS trademarks?
<SNIP>
> Personally, I would:
>
> a) Not use Cent*
> b) Ask a trademark lawyer
>
Best advice so far ^^^^
IANAL of any kind and specifically not a trademark lawyer.
As I understand it, trademark law differs from other IP law in that the
trademark owner must "defend" their trademark or they lose it. It's great
when a trademarked word becomes synonymous with something (Kleenex, Xerox,
etc.) but it also means the company that owns the trademark has to actively
go after (C&D) anyone who uses their trademarked word. This also apparently
holds for companies that deliberately create a product that has almost the
same name as a trademarked product (I remember seeing a picture of a tube of
Colgade toothpaste in the article discussing this).
So, while CentAP or some of the other suggestions may not infringe on
CentOS, you could still get a C&D from a Red Hat lawyer telling you not to
use CentAP. Unless you can afford a really good trademark lawyer to fight
the C&D, you'll have to discontinue use of CentAP (or whatever). Your choice.
Clear as mud? That's why lawyers make lots of money.
Cheers,
Dave
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