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edx is an online course provider and recently it provided a course about Linux. One thing that was confusing is that it mentioned that they got permission from Canonical Ltd to use the word UBUNTU.

It is strange to me. If somebody makes a website and teaches UBUNTU, should they ask from Canonical for mentioning the word UBUNTU? What is the legal status of all tutorial websites? Do they have to get permission to mention a registered trademark? How about video tutorials on youtube?

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  • So, it must mean that it was not necessary for them to get such permission. am I right?
    – barej
    Jan 17, 2015 at 14:58

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Canonical have a couple of trademarks on the word "Ubuntu":

Normally speaking, to use a protected trademark (in the same usage category as it's registered), you need the permission of the trademark holder.

Ubuntu is slightly different in they want people to use their trademark but they do have rules, as set out in the Intellectual property rights policy (section 3):

  • You can use the Trademarks, in accordance with Canonical’s brand guidelines, with Canonical’s permission in writing. If you require a Trademark licence, please contact us (as set out below).

  • You will require Canonical’s permission to use: (i) any mark ending with the letters UBUNTU or BUNTU which is sufficiently similar to the Trademarks or any other confusingly similar mark, and (ii) any Trademark in a domain name or URL or for merchandising purposes.

  • You cannot use the Trademarks in software titles. If you are producing software for use with or on Ubuntu you may reference Ubuntu, but must avoid: (i) any implication of endorsement, or (ii) any attempt to unfairly or confusingly capitalise on the goodwill of Canonical or Ubuntu.

  • You can use the Trademarks in discussion, commentary, criticism or parody, provided that you do not imply endorsement by Canonical.

  • You can write articles, create websites, blogs or talk about Ubuntu, provided that it is clear that you are in no way speaking for or on behalf of Canonical and that you do not imply endorsement by Canonical.

Somebody providing a tutorials probably doesn't need to worry. Somebody providing Ubuntu-cobranded tutoring probably does.

IP law isn't an easy (or neccessarily logical) subject. Most of the conventions exist through threat of being civilly sued, not neccessarily because the law prescribes something. If you're using somebody else's trademark and you aren't sure if you're allowed to, you should probably ask them or talk to a real lawyer (not just some guy on the Internet).

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  • I have read their entire IP policy and still could not understand why should such an online course website ask for permission. I just want to know how much this IP policy can limit the freedom of websites.
    – barej
    Jan 17, 2015 at 15:22
  • @barej the problem is that trademark rights can be lost unless defended, unlike copyright. Canonical have to implement such a policy merely to retain their rights.
    – muru
    Jan 17, 2015 at 15:49
  • @muru thank you. Would you tell me if asking permission for that website was really necessary?
    – barej
    Jan 17, 2015 at 18:12
  • @barej I'm not a lawyer, but I would say yes. Edx is offering a service. One could argue that it could be reasonably mistaken as one being offered by Canonical, or endorsed at least. Whether or not they needed it, edX did the right thing - they respected Canonical's IP. Also, let me point out that nothing so far indicates any money was involved.
    – muru
    Jan 17, 2015 at 18:18

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