How Does Trademark Law Intersect with Open Source Software?
The cornerstone of an open source software project is that it allows users to modify and to distribute the software at no cost. That project’s trademark, however, is likely not distributable or freely useable. Red Hat’s red hat, for example, cannot be used in conjunction with any modification of its product: “The trademarks, logos and service marks (‘Marks’) displayed on this website are the property of Red Hat or other third parties. You are not permitted to use these Marks without the prior written consent of Red Hat or such third party which may own the Mark….Red Hat does not permit or consent to any use of its trademarks in any manner that is likely to cause confusion by implying association with or sponsorship by Red Hat.” Mozilla, on its website, explains its goals for its trademarks: “We need to keep enough control over our trademarks to make sure they are a sign of quality and safety. It needs to be impossible, for example, for someone to release a product called ‘Firefox’ that
