[LWN Logo]

Date:	Thu, 01 Jul 1999 15:19:18 -0600
To:	lwn@lwn.net
From:	Maurice Hilarius <maurice@harddata.com>
Subject: Hard Hat Linux

We wish to inform you that Hard Data Ltd. of Edmonton, Alberta, Canada has
used the brand and name of Hard Hat Linux for nearly two years now. In this
case it refers to our Linux distribution which we package with the systems
we build for sales, and to our modifications and packagiong of a product
based roughly on Red Hat Linux, with added enhancements and features. As
such, while we made no effort for a U.S. copyright ( we are a Canadian
company) we have applied for the name in Canada, have shipped copies, and
clearly described it in a number of venues, and quite a long time ago filed
for and acquired the domain names: hardhatlinux.com, hardhatlinux.net,
hardhatlinux.org.

We recently wrote to the parties at Montavista to point this out to them.
They have replied that they found no copyright application in the U.S. for
the name, and have (mistakenly) assumed that this is all there is to the
proper and rightful use of a brand and trade name. As they are unwilling to
properly address this issue with us in a cooperative and reasonable manner,
we are now employing legal counsel to deal with this matter, and the
infringement by Montavista.

We thank you for your attention and cooperation in this matter.

Best regards,

  Maurice W. Hilarius                   Telephone: 01-780-456-9771
  Hard Data Ltd.                        FAX:       01-780-456-9772
  11060 - 166 Avenue                    email:maurice@harddata.com
  Edmonton, AB, Canada  - T5X 1Y3       http://www.harddata.com