[Date Prev][Date Next] [Thread Prev][Thread Next] [Date Index] [Thread Index]

Re: Proposal - Free the Debian Open Use logo



On Tue, Oct 21, 2003 at 11:48:35AM -0700, Brian Nelson wrote:
> "Benj. Mako Hill" <mako@debian.org> writes:
> 
> > On Mon, Oct 20, 2003 at 09:35:10PM +0100, MJ Ray wrote:
> >> On 2003-10-06 20:53:56 +0100 Steve Langasek <vorlon@netexpress.net> 
> >> wrote:
> >> 
> >> >trademark law doesn't allow us the same latitude for selective
> >> >enforcement that copyright law does
> >> 
> >> Can you be more specific, please?  I was recently challenged about 
> >> this and cannot point at why this would be.
> >
> > Because a generic term cannot be trademarked. You can trademark "Coke"
> > but you can't trademark "Cola." 
> 
> Err, "coke" is a generic term too.  I think Coca-Cola is the trademark
> you're thinking of.

This is getting madly off-topic for this list but both Coca-Cola *and*
Coke (and Vanilla Coke and Diet Coke and Cherry Coke and Coke Classic
and lots, lots more) are registered many times (for many different use
in many different areas ) by the Coca-Cola corporation. You can do
search at http://www.uspto.gov to get an idea.

Perhaps there is a point worth making here though. A trademark is
connected to a particular type of goods which means that while Coke
may be a trademark as it pertains to beverages, this doesn't necessary
interfere with the words generic meaning in the area of power tools or
narcotics (assuming for a moment that you could get a trademark for
your "brand" of cocaine.

Debian's trademark is only for "Computer Utility and Operating System
Software" which, AIUI, means we probably can't control other groups
ability to sell Debian soap or beverages.

Regards,
Mako

-- 
Benjamin Mako Hill
mako@debian.org
http://mako.yukidoke.org/

Attachment: pgp42TFoQIHhh.pgp
Description: PGP signature


Reply to: