[Date Prev][Date Next] [Thread Prev][Thread Next] [Date Index] [Thread Index]

Re: Logo trademark license vs. copyright license



On Sun, 15 Apr 2007 11:41:21 +0200 Arnoud Engelfriet wrote:

> Francesco Poli wrote:
> > On Sat, 14 Apr 2007 20:29:09 +0200 Arnoud Engelfriet wrote:
> > > Your argument is that the trademark holder will win, because the
> > > licensee exceeded the trademark license. I am afraid someone will
> > > argue that the copyright license (from the same entity) should
> > > count for more than the trademark license, and that therefore he
> > > should win.
> > 
> > That is why (I think) the original proposal by Nathanael included
> > the sentence "but that is not a trademark license and should not be
> > construed as one".
> > Does this clarification prevent the misinterpretation you're afraid
> > about?
> 
> Yes, I think so. Sometimes the simplest solution is best.

Good, can we recap a little bit?
As I understand it, the current proposed wording is:

| The work [X] is a trademark, held by [Y], representing [Z].
|
| The Mark Holder hereby licenses you to use the Mark, or a modified
| version thereof, in any way and for any purpose, with the exception of
| the following:
|
| You are not authorized to use the Mark, or a modified version thereof,
| in commerce in any way that is likely to cause confusion, or to cause
| mistake, or to deceive
|
| (1) as to the affiliation, connection, or association of you or your
| product, service or other commercial activity with the Mark Holder, or
|
| (2) as to the origin, sponsorship, or approval of your product,
| service or other commercial activity by the Mark Holder
|
| If the Mark qualifies as an original work of authorship under
| copyright law, then it is licensed under the copyright license below,
| but that is not a trademark license and should not be construed as
| one.
|
| [Expat license follows]



> 
> > > On the other hand, someone further down the road may remove the
> > > fish and recover the swirl-and-bottle, then put that on his own
> > > CD-ROMs with operating systems, which he then sells. Now what?
> > 
> > That same person could modify the fish into the logo of Red Hat,
> > Inc., then put that on his own CD-ROMs with OSes, which he then
> > sells.  Now what?  Should we add a restriction to prevent this?  And
> > then to prevent the same with the logo of Sun Microsystems?  Of
> > Microsoft Corporation?  Of Adobe Systems Inc.?  Of ...?
> 
> The reason I'm worried is because the copyright holder is the
> same entity as the trademark holder. That is a special case.

I can understand that, but I still think that this issue should be
addressed without mixing copyright and trademark restrictions...

[...]
> > > so my opinion is based on hearsay, but in my opinion
> > > the last thing you want in a lawsuit is hoping the jury agrees
> > > with you.
> > 
> > I'm not sure I follow you here: what do you hope in a lawsuit?  That
> > the jury *disagrees* with you?
> 
> You hope never to go before a jury at all. Settle if you can,
> because all bets are off.

Ah, thanks for the clarification: I didn't understand what you meant.


-- 
 http://frx.netsons.org/doc/nanodocs/etch_workstation_install.html
 Need to read a Debian etch installation walk-through?
..................................................... Francesco Poli .
 GnuPG key fpr == C979 F34B 27CE 5CD8 DC12  31B5 78F4 279B DD6D FCF4

Attachment: pgp0SRxGYpsiE.pgp
Description: PGP signature


Reply to: