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