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Re: Logo rip-off

Scripsit Holger Levsen <debian@layer-acht.org>


> This thread only has the information that Branden forwarded the info to SPI 
> and the DPL (not Branden at that time..), but no results. Are there none ??

As far as debian-legal knows, there are no results.

The Elektrostore logo is clearly a modified version of Debian's (refer
to <http://lists.debian.org/debian-legal/2005/08/msg00031.html> for a
visual "proof").


  1. It is unclear whether the Debian swirl would be recognized as a
     trademark under Swedish law. Being non-registered, it will only
     be protected if it is recognized as a symbol for *goods*. Whether
     that includes software being given away is an open question.

  2. Swedish law provides protection agains "confusingly similar"
     trademarks only when the two marks in question denote goods of
     the same or similar kinds. (Varumärkeslag 1960:644, 6 §). This
     is not the case here.

  3. That leaves the copyright to the swirl, regarded as a work of
     art. However, it appears to be unknown whether that copyright was
     transferred to the SPI or still resides with the artist, Raul

Henning Makholm                     "That's okay. I'm hoping to convince the
                      millions of open-minded people like Hrunkner Unnerby."

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