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Re: mozilla thunderbird trademark restrictions / still dfsg free?

On Thu, Jan 13, 2005 at 08:52:46AM +0000, Daniel Goldsmith wrote:
> On Wed, 12 Jan 2005 23:42:05 -0800, Steve Langasek <vorlon@debian.org> wrote:
> > On Wed, Jan 12, 2005 at 08:44:00PM +0100, Claus Färber wrote:

> > > I know of other precedents that say otherwise. E.g. automobile modders
> > > in Europe have to remove the original trademarks.

> > That is by far the most bizarre trademark restriction I've ever heard of,
> > and not at all in keeping with my understanding of US trademark law.  For
> > European trademark law, though, I would have to take your word for it.

> Why? If, for example, RUF<http://www.ruf-automobile.de>  takes a
> Porsche, re-bores the engine, fits different turbos, changes the
> brakes and suspension, fits different cabin fittings &c, how can they
> then reasonably say that the vehicle *is* a Porsche? The vehicle *was*
> a Porsche, and there still is a lot of Porsche components in that
> vehicle, but the totality of the vehicle now encompasses something far
> greater than a Porsche.

You cannot claim the vehicle is a Porsche, because that would be false and
infringe the trademark because Porsche sells cars.  But US trademark law
protects your right to say that you *used* a Porsche; it'd doesn't follow
that leaving logos intact means you're claiming the vehicle is a Porsche.

Steve Langasek
postmodern programmer

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