[CentOS] Question about trademarks

Mon Mar 10 14:28:17 UTC 2014
David G. Miller <dave at davenjudy.org>

Digimer <lists at ...> writes:

> 
> On 09/03/14 08:26 PM, Always Learning wrote:
> >
> >> On Sun, Mar 9, 2014 at 5:12 PM, Pouar <thepouar at ...> 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