Re: Free Debian logos? [was: Re: GUADEC report]
Josh Triplett wrote:
A Free logo would be usable unmodified as the
logo for another project or website. That would probably cause
confusion with Debian, but it is a legitimate use for a Free logo.
- Josh Triplett
Trademarks are fundamentally different from copyrights. Things which are
too small for copyright protection (dictionary words ('windows', 'shell'
for example), geometric symbols, etc.) are still trademarkable. As I
understand it, you don't need to be the author of a trademark, merely
the one trading under it, to have trademark rights.
In addition, the very act of using a symbol, word, etc. as a trademark
gives it legal protection. The license :
Nathanael Nerode wrote:
>> Trademark license:
>> "You may use this logo or a modified version of it to refer to
Debian. You
>> may not use this logo, or any confusingly similar logo, to refer to
>> anything else in a way which might cause confusion with Debian."
>> Final clarification:
>> "(If you have a modified version of this logo which is not confusingly
>> similar to the original, you may use it for any purpose.)"
Is simply stating the protection trademarks have under the law anyway.
The Debian logo (and the word 'Debian') is already licensed under such a
trademark license, simply because Debian has been trading under it.
Imagine you make a picture (a cute lil' bumblebee, for instance), and
release it under a Free copyright license. Would it be the case that a
third party could start the 'Bumblebee Car Wash Company', use your Free
graphic as their logo, and register it as a trademark? Could they then
use their trademark to stop you using your free image? They wouldn't be
infringing your copyright because of your free license.
--
Lewis Jardine
lewisjardine@tiscali.co.uk
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