1.
PROTECT YOUR BRAND.
IT’S ALL YOU’VE GOT.
All Things Open Conference
Raleigh, NC / October 24-25, 2013

2.
PAM CHESTEK
Principal, Chestek Legal
@pchestek
JOHN Q. ADAMS
Director, Global Brand Strategy & Management, Red Hat
@adamsjohnq

3.
OBJECTIVE
The open source culture is built on sharing,
collaboration, and community process.
We’re going to talk about how you can
foster a sense of sharing and community,
internally and externally, while still
ensuring that the company’s most valuable
asset, its brand, is protected and remains
meaningful.

4.
LESSON 1
YOU’RE IN A COMMODITY BUSINESS.

5.
LESSON 1
YOU’RE IN A COMMODITY BUSINESS.
BRAND:
If a brand fails to develop or
maintain differentiation,
consumers have no basis for
choosing it over others.

6.
LESSON 1
YOU’RE IN A COMMODITY BUSINESS.
BRAND:
LEGAL:
If a brand fails to develop or
maintain differentiation,
consumers have no basis for
choosing it over others.
Make your
trademark a
good one.

7.
From Interbrand's Best Global Brands Study 2013

8.
LESSON 2
A THIRD LEG CHANGES THE BALANCE.

9.
LESSON 2
A THIRD LEG CHANGES THE BALANCE.
BRAND:
Community = the unique
branding challenge of an
open source brand

10.
LESSON 2
A THIRD LEG CHANGES THE BALANCE.
BRAND:
LEGAL:
Community = the unique
branding challenge of an
open source brand
Yikes! So many
people I have to
get on board.

11.
LESSON 3
IN AN OPEN SOURCE COMMUNITY, WHO “OWNS”
THE BRAND?

12.
LESSON 3
IN AN OPEN SOURCE COMMUNITY, WHO “OWNS”
THE BRAND?
BRAND:
It's open source. The
brand belongs to
everybody! (Right?)

13.
LESSON 3
IN AN OPEN SOURCE COMMUNITY, WHO “OWNS”
THE BRAND?
BRAND:
LEGAL:
It's open source. The
brand belongs to
everybody! (Right?)
Everything
John said makes
me cringe.

14.
LESSON 4
TO ACHIEVE COMMERCIAL SUCCESS
AND A THRIVING COMMUNITY, CREATE
BRAND DISTINCTION.

15.
LESSON 4
TO ACHIEVE COMMERCIAL SUCCESS
AND A THRIVING COMMUNITY, CREATE
BRAND DISTINCTION.
BRAND:
Customer
confusion is
costly.

16.
LESSON 4
TO ACHIEVE COMMERCIAL SUCCESS
AND A THRIVING COMMUNITY, CREATE
BRAND DISTINCTION.
BRAND:
Customer
confusion is
costly.
LEGAL:

17.
LESSON 5
THE SAME OPEN SOURCE PRINCIPLES
USED TO CREATE SOFTWARE CAN ALSO
BE APPLIED TO BUSINESS.

18.
LESSON 5
THE SAME OPEN SOURCE PRINCIPLES
USED TO CREATE SOFTWARE CAN ALSO
BE APPLIED TO BUSINESS.
BRAND:
Community. Openness.
Transparency. Collaboration.
Meritocracy. Trust. Respect.
Participation. Rapid
prototyping.

19.
LESSON 5
THE SAME OPEN SOURCE PRINCIPLES
USED TO CREATE SOFTWARE CAN ALSO
BE APPLIED TO BUSINESS.
BRAND:
LEGAL:
Community. Openness.
Transparency. Collaboration.
Meritocracy. Trust. Respect.
Participation. Rapid
prototyping.
Even lawyers
can get on
board.

20.
CASE STUDY:
Red Hat and the Fedora Project

21.
HISTORY
The Fedora Project was founded in September 2003 when
Red Hat decided to split Red Hat Linux into Red Hat
Enterprise Linux (RHEL) and a community-based
operating system, Fedora.
The Fedora Project Board is responsible for the direction of
the Fedora Project. It is led by the Fedora Project Leader (a
Red Hat associate) and comprises four Red Hat appointed
members and five community-elected members.
The Fedora Project is not a separate legal entity or
organization; however, it operates with all of the functions
you would find at a typical corporation: R&D, marketing,
documentation, and distribution … all done by volunteers.
SOURCE: WIKIPEDIA.ORG

22.
OVERVIEW
RED HAT:
FEDORA:
Corporate
Community
Hardened & supported
Bleeding edge but
unsupported
(Relatively) centralized
control
Dispersed control

23.
THE BRANDING DECISION

24.
THE FEDORA PROJECT
OUR MISSION
The Fedora Project's mission is to lead the advancement of free
and open source software and content as a collaborative
community.
ELEMENTS OF FEDORA'S MISSION
The three elements of this mission are clear:
●
●
●
The Fedora Project always strives to lead, not follow.
The Fedora Project consistently seeks to create, improve, and
spread free/libre code and content.
The Fedora Project succeeds through shared action on the
part of many people throughout our community.
SOURCE: FEDORAPROJECT.ORG

25.
RED HAT — A CORPORATE BRAND

26.
FEDORA — A COMMUNITY BRAND

27.
THE TRADEMARK
DILEMMA

28.
HOW MUCH CONTROL OVER
THE BRAND?
Fedora wants everyone to use
the brand!
Red Hat tightly controls use of
the brand.

29.
THE TRADEMARK
ENFORCEMENT CONTINUUM

30.
RED HAT'S ROLE AS
TRADEMARK OWNER
Red Hat
as owner of
Red Hat
as owner of

31.
PROOF OF SUCCESS

32.
QUESTIONS?