Press Release

Novell Successfully Defends Right to "Certified NetWare Engineer" Title

Ruling secures right of CNE certificate holders to continue using global industry credential in Illinois

PROVO, Utah — October 8, 1998 — Novell has scored another legal victory for computer specialists to use the Certified NetWare (or Novell) Engineer® (CNE®) or Master CNE(SM) titles in Illinois. After hearing an appeal from the Illinois Department of Professional Regulation, the Appellate Court of Illinois affirmed last year's ruling by the Circuit Court of Cook County that Novell's use of the term "engineer" in its certification titles does not violate Illinois professional engineering laws.

In July 1997, the Circuit Court had reversed a cease and desist order issued by the Department that prohibited any use of "Certified NetWare (or Novell) Engineer" in the state. The Department claimed that the public was confusing the CNE title with the title of "professional engineer." The Circuit Court disagreed, finding no evidence to support the Department's claim and the Department appealed to the Appellate Court.

"The Appellate Court's decision confirms what the courts have recognized for many years, that the term 'engineer' is a generic term covering many types of activities that don't fall within the area of professional engineering." said Craig Christensen, associate general counsel for Novell. "Novell has great respect for professional engineers and the services they provide and we believe the public understands the difference between the title 'professional engineer' and such widely accepted titles as 'software engineer,' 'software support engineer' and the like."

Lacking any evidence of confusion, the Department argued on appeal that the Illinois Professional Engineering Act prohibits all uses of the term "engineer" by anyone not licensed by the state to practice professional engineering, regardless of whether the use is misleading. The Appellate Court disagreed, concluding that such an interpretation of the Act would lead to "unjust and absurd" results such as prosecuting a locomotive engineer for using the term "engineer" in a resume. Instead, the Court held that "the Act must be construed as banning only those uses of the title "engineer" that imply licensure by the State as a professional engineer" and that Novell's titles do not imply such licensure. Simply put, Novell's certification titles are not misleading the public and do not otherwise violate Illinois law.

The pioneer in IT training programs, Novell Education has been certifying industry and network specialists 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. Currently, Novell has granted more than 140,000 CNE certifications worldwide.

About Novell

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. Novell education and technical support programs are the most comprehensive in the network computing industry. Information about Novell's complete range of products and services can be accessed on the World Wide Web at

Novell, NetWare, Certified Novell Engineer and Certified NetWare Engineer are service marks, trademarks or registered trademarks of Novell, Inc.

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Novell, Inc.
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