Re: Debian Logo stoled
Lars Wirzenius <liw@liw.fi> writes:
> su, 2008-10-26 kello 09:24 +0200, Kadath kirjoitti:
> > Checkout this website, it looks like they steal Debian logotype.
> > http://www.pure-organic-baby-food.co.uk/
>
> It's not an exact copy of the Debian logo
I agree that it doesn't look like a derivative work as understood by
copyright law. So, I would rule out concerns of copyright violation.
> and Debian does not have a monopoly on swirls. Thus, I think it is
> not a problem.
For this, though, the relevant field is not copyright; it's trademark.
Debian does, IIRC, have a trademark monopoly on the Debian logos; but
I can't find reference to that, so I may be wrong. I'll continue on
the assumption that they *are* trademarks held by SPI.
A trademark is infringed when:
* a “confusingly similar” mark is used,
* in relation to products/services similar to those covered by the
trademark.
To my eye, the mark is certainly very similar to the Debian “open use”
logo, and confusingly so. However, the products don't seem to have
anything to do with (what I imagine to be) those covered by the Debian
logo trademark.
My opinion is that this *would* be a trademark violation if the
products being sold were within the field of those the Debian logo
trademark covers. Since they're not, it's clear to me this is not a
case to be concerned about.
It's best to be clear that “they copied it” is completely irrelevant
for the question of whether a logo infringes a trademark.
--
\ “Too many pieces of music finish too long after the end.” —Igor |
`\ Stravinskey |
_o__) |
Ben Finney
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