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Date: Fri, 14 Mar 2003 13:06:04 +0100
From: Matthias Andree <matthias.andree@gmx.de>
To: kernel list <linux-kernel@vger.kernel.org>
Subject: Re: Never ever use word BitKeeper if Larry does not like you
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On Fri, 14 Mar 2003, Pavel Machek wrote:

> Hi!
> 
> Never ever use word KitBeeper, Larry thinks he owns the world.  

No, he has however a right to protect his trademark, which comprises
names that are so similar that they can be mistaken for his trademark.

However, you're not getting anywhere with publishing private mail
without prior permission. That's betrayal of secrets and privacy, and if
Larry jumps on you for this, he'll rightfully do so.

> PS: I know forwarding personal message to the mailing list is not
> polite, but this is more of legal threat than personal message...

So paraphrase it if you need the information passed on.

> PPS: About Toyota: I may not be able to call my company Toyota (if you
> have registered trademark in czech republic, which I doubt), but I'm
> sure able to say that my car contains same engine as Toyota
> 1234cdt. And as you named directory in the repository BitKeeper,
> there's no chance not to mention it. 

If you make sufficiently clear (for either BitMover or the Courts) that
your product is not the original BitKeeper or KitBeeper, then that's
probably fine.

As to the "compatible", it's a difficult point that I don't want to drop
a statement about. I'm not a lawyer. I'd wish that you can find a way to
describe what your software does without infringing on their trademark.

If BitMover think that you're using their protected brand/trademark to
promote your product, then they can demand that you omit doing so.

Whether that's enforcable by Czech law, is an entirely different matter.
You'll have to seek legal advise if you need to find out.
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