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Novell Wins Legal Battle Over The Title "Certified NetWare Engineer" Decision secures Novell's right to use the word "engineer" in its certification titles in Illinois PROVO, Utah -- July 14, 1997 -- Novell has scored a legal victory for computer technicians licensed to use the Certified NetWare (or Novell) Engineer (CNE) or Master CNE title in Illinois. 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 Illinois Professional Engineering Act requires professional engineers to submit evidence that they are qualified to practice and are registered with the state. The Department of Professional Regulation claimed the CNE title conflicted with the part of the Act that makes it unlawful for anyone not registered to represent him or herself as a professional engineer. Focusing on the overall purpose of the Act -- to protect the public health, safety and welfare -- the circuit court judge "agreed entirely" with Novell's position that use of the term "Certified NetWare (or Novell) Engineer" was not in violation. The Court specifically concluded that CNEs in Illinois are not representing themselves as professional engineers and that use of the term "engineer" was not creating confusion or otherwise harming the public. The court also concluded that "Certified NetWare (or Novell)" modifies the term "engineer" and clearly distinguishes it from what the Act designates as professional engineering. "There is no evidence of public confusion," said Craig Christensen, senior corporate counsel for Novell. "Individuals use the CNE credential to show they're qualified to support Novell computer networks, not to build bridges or roads." Professional engineers are defined as individuals who design, build and maintain structures, and include civil, structural, mechanical and electrical engineers. Citing many exemptions documented in the Act such as locomotive, service and sanitation engineers, the court confirmed that many individuals carry the engineer title, but do not practice or offer to practice professional engineering. "In challenging this order, our first responsibility was to those who have invested time, money and effort to earn these valuable industry credentials," said Bob Puissant, vice president and general manager, Novell Education. "CNE 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 defend our right to use these titles and promote the benefit these titles represent in the marketplace." 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 180,000 Certified Novell Administrators (CNAs); 120,000 Certified Novell Engineers (CNEs); 7,000 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 800 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 http://www.novell.com.
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