Re: Bug#265352: grub: Debian splash images for Grub
> Josh Triplett wrote:
> > The issue is that the top-level name of a project is relatively easy to
> > change, while needing to provide a replacement for possibly dozens or
> > hundreds of images *funtionally used* by the software is a significant
> > barrier to modification.
On Sun, Oct 17, 2004 at 12:17:15AM -0400, Anthony DeRobertis wrote:
> If the trade marks are being put to a functional use, (a) it's
> questionable if they're valid trademarks; ...
I think you're right.
If the trademark is being used functionally, that sounds an awful lot
like this case of a trademark being abandoned:
(2) When any course of conduct of the owner, including acts of omission
as well as commission, causes the mark to become the generic name for
the goods or services on or in connection with which it is used or
otherwise to lose its significance as a mark. Purchaser motivation
shall not be a test for determining abandonment under this paragraph.
[That's from 15 USC §1127]
--
Raul
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