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Re: Logo trademark license vs. copyright license



On Sun, 15 Apr 2007 21:24:00 +0200 Arnoud Engelfriet wrote:

> Francesco Poli wrote:
> > As I understand it, the current proposed wording is:
> > 
> > | The work [X] is a trademark, held by [Y], representing [Z].
> 
> The sign [X] (hereafter "the Mark") is a trademark, rights to which
> are held by [Y], representing [Z] if applicable (hereafter "the
> Mark Holder").

Wait, the "Mark Holder" would be [Y], I think.
At least, in the examples sent by Nathanael in his original message[1]
(the one that started this thread), SPI and Mozilla Foundation were
substituted for [Y].
Hence I would say:

| The sign [X] (hereafter "the Mark") is a trademark, rights to which
| are held by [Y] (hereafter "the Mark Holder"), representing [Z] if
| applicable.

[1] http://lists.debian.org/debian-legal/2007/04/msg00071.html


I don't fully understand the "if applicable" part: could you elaborate,
please?

> 
> The word 'work' sounds copyright-ish and may seem strange when
> you have a single word like 'debian' here.

You're right, let's switch to the term "sign" as long as the trademark
license is concerned.

> 
> > | If the Mark qualifies as an original work of authorship under
> > | copyright law, then 
> 
> the Mark Holder hereby also grants you a copyright license under
> 
> > | the copyright license below,
> > | but that is not a trademark license and should not be construed as
> > | one.

Mmmh, I'm afraid I lost you here.
How would the intended rewording look like?
Something like the following?

| If the Mark qualifies as an original work of authorship under
| copyright law, then the Mark Holder hereby also grants you a copyright
| license, but that is not a trademark license and should not be
| construed as one.


> > |
> > | [Expat license follows]
> 
> Is it your intention to include the Expat license verbatim in
> this license?

Not *in* this license, but *after* this license.
I would like to keep the two licenses visibly separate.

> If so, people still have to carry around both
> the copyright and the trademark license. 
> 
> Do you want to put in a "--- CUT HERE 8< ---" somewhere between
> the copyright and the trademark part? Or do you want to make it
> two files, Copyright.license and Trademark.license? 

I think a textual delimiter should be enough to distinguish the two
licenses...


OK, let's try and recap (again):


| The sign [X] (hereafter "the Mark") is a trademark, rights to which
| are held by [Y] (hereafter "the Mark Holder"), representing [Z] if
| applicable.
|
| 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 the Mark Holder hereby also grants you a copyright
| license, but that is not a trademark license and should not be
| construed as one.
|
|                              -----//-----
|
| Copyright (c) [AAAA-BBBB] [Y]
|
| Permission is hereby granted, free of charge, to any person obtaining
| a copy of this software and associated documentation files (the
| "Software"), to deal in the Software without restriction, including
| without limitation the rights to use, copy, modify, merge, publish,
| distribute, sublicense, and/or sell copies of the Software, and to
| permit persons to whom the Software is furnished to do so, subject to
| the following conditions:
| 
| The above copyright notice and this permission notice shall be
| included in all copies or substantial portions of the Software.
| 
| THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
| EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
| MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
| IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY
| CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,
| TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE
| SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.



-- 
 http://frx.netsons.org/doc/nanodocs/etch_workstation_install.html
 Need to read a Debian etch installation walk-through?
..................................................... Francesco Poli .
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