PROTECT YOUR BRAND.IT’S ALL YOU’VE GOT.

All Things Open ConferenceRaleigh, NC / October 24-25, 2013

PAM CHESTEKPrincipal, Chestek Legal@pchestek

JOHN Q. ADAMSDirector, Global Brand Strategy & Management, Red Hat@adamsjohnq

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.

LESSON 1

YOU’RE IN A COMMODITY BUSINESS.

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.

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.

LEGAL:

Make your trademark a good one.

From Interbrand's Best Global Brands Study 2013

LESSON 2

A THIRD LEG CHANGES THE BALANCE.

LESSON 2

A THIRD LEG CHANGES THE BALANCE.

BRAND:

Community = the unique branding challenge of an open source brand

LESSON 2

A THIRD LEG CHANGES THE BALANCE.

BRAND:

Community = the unique branding challenge of an open source brand

LEGAL:

Yikes! So many people I have to get on board.

LESSON 3

IN AN OPEN SOURCE COMMUNITY, WHO “OWNS” THE BRAND?

LESSON 3

IN AN OPEN SOURCE COMMUNITY, WHO “OWNS” THE BRAND?

BRAND:

It's open source. The brand belongs to everybody! (Right?)

LESSON 3

IN AN OPEN SOURCE COMMUNITY, WHO “OWNS” THE BRAND?

BRAND:

It's open source. The brand belongs to everybody! (Right?)

LEGAL:

Everything John said makes me cringe.

LESSON 4

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

LESSON 4

TO ACHIEVE COMMERCIAL SUCCESS AND A THRIVING COMMUNITY, CREATEBRAND DISTINCTION.

BRAND:

Customer confusion is costly.

LESSON 4

TO ACHIEVE COMMERCIAL SUCCESS AND A THRIVING COMMUNITY, CREATEBRAND DISTINCTION.

BRAND:

Customer confusion is costly.

LEGAL:

LESSON 5

THE SAME OPEN SOURCE PRINCIPLESUSED TO CREATE SOFTWARE CAN ALSOBE APPLIED TO BUSINESS.

LESSON 5

THE SAME OPEN SOURCE PRINCIPLESUSED TO CREATE SOFTWARE CAN ALSOBE APPLIED TO BUSINESS.

BRAND:

Community. Openness. Transparency. Collaboration. Meritocracy. Trust. Respect. Participation. Rapid prototyping.

LESSON 5

THE SAME OPEN SOURCE PRINCIPLESUSED TO CREATE SOFTWARE CAN ALSOBE APPLIED TO BUSINESS.

LEGAL:

Even lawyers can get on board.

BRAND:

Community. Openness. Transparency. Collaboration. Meritocracy. Trust. Respect. Participation. Rapid prototyping.

CASE STUDY:

Red Hat and the Fedora Project

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

OVERVIEW

RED HAT:

Corporate

Hardened & supported

(Relatively) centralized control

FEDORA:

Community

Bleeding edge but unsupported

Dispersed control

THE BRANDING DECISION

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

RED HAT — A CORPORATE BRAND

FEDORA — A COMMUNITY BRAND

THE TRADEMARK DILEMMA

HOW MUCH CONTROL OVER THE BRAND?

Fedora wants everyone to use the brand!

Red Hat tightly controls use of the brand.

THE TRADEMARK ENFORCEMENT CONTINUUM

RED HAT'S ROLE AS TRADEMARK OWNER

Red Hat as owner of

Red Hat as owner of

PROOF OF SUCCESS

QUESTIONS?