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Novell Secures Right to Use "Certified Novell Engineer" Title in Nevada Follows 1997 Favorable Illinois Ruling PROVO, Utah -- April 14, 1998 -- Novell, Inc., the world's leading provider of networking software, has scored a legal victory for computer professionals holding the Certified NetWare Engineer® (or Certified Novell EngineerSM) (CNE®) certification title in Nevada. Facing claims that it violated Novell's right to license its trademarked certification titles, the Nevada Board of Professional Engineers retreated from earlier positions and states that it "has taken no action against Novell and has not threatened to take action against Novell." Accepting the Board's most recent statement, the United States District Court for the District of Nevada found that "no dispute exists" between Novell and the Board concerning Novell's ongoing use of the "Certified Novell Engineer" service mark. The decision allows Novell and CNE certification holders to continue using the Certified Novell Engineer title. In late 1996, Novell filed a lawsuit against the Nevada Board to request the court's review of specific actions taken and statements made by the Board that were viewed as attempts to restrict the use of Novell's certification titles in Nevada. The challenged actions included holding "informal" hearings with Certified Novell Engineer certification holders. Novell learned of the hearings and that the Board had required them to stop using the word "engineer" in their title, alleging a violation of Nevada's Professional Engineer statute that regulates the practice of professional engineering in Nevada. "In challenging the Board's earlier actions, our first responsibility was to those who have invested time, money and effort to earn these valuable industry credentials," said Bob Puissant, vice president, Novell Education. "The CNE title is a global standard for hiring, promoting and compensating individuals and has, in fact, become an economic passport for individuals wanting their skills recognized worldwide. We will continue to stand behind our certified professionals, defending our right to use these titles and promote the benefit Novell certification represents in the marketplace." The Nevada decision is not the first time Novell has received a favorable outcome over the word "engineer." In July, 1997, the Circuit Court of Cook County ruled "entirely" in Novell's favor by reversing a cease and desist order issued by the Illinois Department of Professional Regulation. The order had sought to prevent further use of "Certified NetWare (or Novell) Engineer" in the state, citing the possibility that the public might confuse the CNE title with the title of "professional engineer." The court, however, concluded that Novell's use of "engineer" did not create confusion or harm the public. The pioneer in IT training programs, Novell Education has been certifying industry and network professionals since 1989 and continues to be the industry innovator and leader. Novell Education has driven literacy and global acceptance of Novell products and technologies, while creating certification programs that have become de facto global standards. Worldwide, there are currently 290,000 Certified Novell Administrators (CNAs); 135,000 Certified Novell Engineers (CNEs); 10,000 Master CNEs; and 5,000 Certified Novell Instructors (CNIs). The new Certified Internet Professional program is growing steadily since its September 1996 availability with over 1,000 individuals certified or in progress. Founded in 1983, Novell (NASDAQ: NOVL) is the world's leading provider of network software. The company offers a wide range of network solutions for distributed network, Internet/intranet and small-business markets, as well as the network computing industry's most comprehensive education and technical support programs. Information about Novell and its complete range of products and services can be accessed on the World Wide Web at www.novell.com. CNA, Certified Novell Administrator, CNE, Certified Novell Engineer, CNI, Certified Novell Instructor, Master CNE, NEAP, Novell Education Academic Partner, NAEC, Novell Authorized Education Center, and Certified Internet Professional are registered service marks, service marks or trademarks of Novell, Inc., in the United States and other countries. Other product and brand names are trademarks of their respective owners.
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