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Re: Logo trademark license vs. copyright license

On Sat, Apr 14, 2007 at 06:26:01PM -0400, Nathanael Nerode wrote:
> Actually, I believe we specifically want to authorize "diminishing the
> distinctiveness" or "harming the reputation".  Trademark dilution and
> trademark libel suits are not appropriate for free software, if they are
> ever appropriate.

I disagree.  Not being able to protect the trademark against misuse that
reflects badly on Debian seriously diminishes the value of holding such a
trademark at all.

> Use of a trademark to harm the reputation of the trademark holder is an
> essential right for those who wish to attack the trademark holder for
> what they see as bad behavior.

Hrm, there is a difference between *referencing* a trademark when
criticizing the holder, and *using* the mark, in trade, in a way that
reflects badly on Debian.  TTBOMK, it is always legal under US trademark law
to make nominative use of a trademark, whether for criticism or otherwise.

> We just want to disallow actual infringement, not these other things.

I don't know who the "we" is on whose behalf you're speaking here.

Steve Langasek                   Give me a lever long enough and a Free OS
Debian Developer                   to set it on, and I can move the world.
vorlon@debian.org                                   http://www.debian.org/

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