Re: Logo rip-off
Scripsit Holger Levsen <debian@layer-acht.org>
[elektrostore]
> 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").
However:
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
Silva.
--
Henning Makholm "That's okay. I'm hoping to convince the
millions of open-minded people like Hrunkner Unnerby."
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