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, Oct. 8 /PRNewswire/ -- Novell (Nasdaq: NOVL) has scored
another legal victory for computer specialists to use the Certified
NetWare (or Novell) Engineer(R) (CNE (R)) 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. |
