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Re: Debian Open Use Logo License - is it compatible with...




"MJ Ray" <mjr@phonecoop.coop> wrote in message 1151833798.758999.1382.nullmailer@klnet.towers.org.uk">news:1151833798.758999.1382.nullmailer@klnet.towers.org.uk...
Joe Smith <unknown_kev_cat@hotmail.com>
AIUI, the logos are considered trademarks. The "licence" strongly implies
that Debian does not claim copyright on
the open use logo, but merely trademark rights. [...]

I disagree.  Copyright (c) 1999 Software in the Public Interest is
an unambiguous claim.  The copyright permission is broad, though.

True. It would be better to drop the copyright, and use only trademark rights,
as that looks to be more or less the desired effect.

However, the trademark issue comes up. The use in your logo would likely
imply endorsment, which
would require a trademark licence (which is a strange way of saying special
permission is needed).

It depends if it is used for anything which requires a trademark licence.

Use of a trademark in a manner that implies endorsment is AIUI always
something that requires a trademark licence. That is because use
of a trademark to indicate ensorment is more than merely
referencing the Project, and therefore requires a licence.

Nomnitive use is a fair use defense in trademark law, but clearly
use of a tradmark in a way that may imply endorsment is more than
mear nomnitive use.

Since a logo is normally used as a trademark (even if not registered) then
this would also be use of a trademark in another trademark, which
definately would require a trademark licence.






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