Thursday, April 16, 1998 | 10:45 a.m.
An ongoing battle between the Nevada Board of Professional Engineers and Provo, Utah-based Novell Inc. will continue over Novell's use of the word "engineer" in awarding certificates to people completing one of the company's educational programs.
A lawsuit filed by Novell to continue using the word was dismissed by U.S. District Judge Philip Pro last week.
One of the company's educational programs awards a "Certified Network Engineer" designation. The Nevada Board of Professional Engineers warned several people using the designation that Nevada law prevents people from calling themselves engineers unless they are state licensed.
The board's executive director, Jerry Higgins, said those people voluntarily ceased using the word engineer in their title after being warned.
"The board has never fined anyone, we just warned them," Higgins said.
Novell filed suit, alleging the board violated Novell's right to license its trademark certification titles. Because nobody was ever actually disciplined, Pro ruled no legal dispute existed.
Both sides called Pro's ruling a victory.
"We will continue to enforce the law as long as it's on the books," Higgins said.
That comes as a surprise to Novell, which was claiming a win as well. Its position was that because the board filed a motion saying no one was actually disciplined and no dispute existed, the board was backing down.
"I would be a bit surprised if they took the position that they can continue telling people who have earned our CNE they can't use the title," said Greg Hess, an attorney representing Novell.
He said if the board continues as before, an appeal of the ruling could be forthcoming.
"We will be interested to see what the board is saying about the decision to see whether we need to take further action in district court," Hess said.
The CNE designation is a series of seven tests on computer networking, according to Craig Tupper, contract manager for Novell's education programs.
"It's recognized worldwide as a network certification," Hess said. "Someone holding it has at least a minimal competence working on networks."
About 135,000 CNEs have been awarded worldwide, 286 of those have been awarded to Nevadans.
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