(Legal) advice needed

[Rouquier Philippe <rouquier p wanadoo fr>]

Hi,

Here is the problem I've run into. I'm the author of bonfire, an app for burning CD/DVD (http://gnomefiles.org/app.php?soft_id=1158). Recently I've been given a CVS account to import it into GNOME CVS.
Before I did it, a user reported that bonfire was a name used by a Canadian site selling music to be downloaded (http://bonfire.puretracks.com/). Apparently they had trademarked this name (see http://strategis.ic.gc.ca/app/cipo/trademarks/search/tmSearch.do?language=eng and search for bonfire).

So, my question is: Is it still OK to import bonfire into GNOME CVS or should I change the name before?

Of course I'm reluctant to change the name for many reasons, being:
- the site is Canadian, I'm French and GNOME servers are in the USA, so maybe trademark doesn't apply in this case
- bonfire just started to get included in some major distribution and changing the name will postpone everything
- it's a new application and changing the name would confuse many people
- above all, Bestbuy (the trademark holder) won't really care about my app having the same name

What I thought was: import bonfire into GNOME CVS and wait and see. If Bestbuy reacts (which I doubt but who knows) I would change the name. But I really want to make sure that it's not an issue for GNOME.

That being said, I would change the name if that was a problem regarding GNOME.

I really need advice. Thanks in advance.

Regards,

Philippe Rouquier

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