On Wednesday 02 July 2003 03:38 pm, you wrote:
> > Hi Guy,
> >
> > If the goods supplied as a copy of an original brand RHXX (TM)
> > is the same as the content of their own public release they
> > have no grounds to
> > object.
> >
> > As long as the trademark is acknowleged ie BrandName (TM).
>
> OK, so (leaving aside questions as to why I would want to, public health
> issues etc) I would be quite entitled to set up a stall in front of a
> McDonalds outlet selling McDonalds burgers?
As far as I am aware McDonalds TM have not released the recipe
for their product to the public domain nor do they have any
contractual/licencing agreement to do so.
you could sell a similar product but would have to acknowledge
that you were not a distributor or agent of McDonalds nor would you be
able to duplicate their Packaging although you could dress
your salespeople in clown suits provided they differed substiantially from
Ronald McDonalds TM clothing.
The Key point in my opinion is that common usage of the term
RedHat (TM) has been well establised as a description for the
content distributed publicly by the company worldwide and
that they are legally obliged by the GNU liciense to distribute it
and to allow others to do the same. As long as the ownership of the
trademark is acknowledged they have no grounds to prevent its use
in describing an identical product.
Regards
Michael
>
> > If the content is different this would need to be
> > acknowledged/stated by the
> > distributor/seller.
> >
> > Product authenticity can also be maintained by their own
> > Boxed product retail
> > releases?
> >
> > If a product purported to be the same as RHXX (TM) public distribution
> > is proven to differ without an acknowledgement of this
> > difference by the
> > distributor/seller then they would have a case (which they
> > must prove).
> >
> > > > As any one in business knows the more exposure your product
> > > > recieves the better for your business:
> > > > If as a business you seek to limit that brand exposure you would
> > > > only do this to maintain or increase profits:
> > >
> > > The problems is, Redhat have absolutely no control over
> >
> > what it is that is
> >
> > > getting exposure under their brand name.
> > >
> > > Guy Steven
> >
> > Regards
> > Michael
