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Re: [Spi-trademark] Re: Shops in cafepress.com that seel Debian merchandise

On Sat, Nov 15, 2003 at 01:59:26AM +1100, Martin Michlmayr - Debian Project Leader wrote:
> * Wichert Akkerman <wichert@wiggy.net> [2003-11-14 13:39]:
> > Do we need to do anything? The open use logo only says that it can be
> > used when referring to Debian, not to demand a form of endorsement.
> Right, the use of the open use logo for merchandise is perfectly valid
> and generally welcome.

Well, having a "Debian shop" might (or might not) qualify as trademark 
violation. Having a shop called "Geek stuff" that sells Debian mugs is not 
the same as having a shop called "Debian stuff" IMHO.

> * Javier Fernández-Sanguino Peña <jfs@computer.org> [2003-11-13 19:11]:
> > Now, of course our open logo is free to use in this way [3] but I'm
> > worried to see so many shops related to Debian. So, a few questions
> > have popped up in my head: Which of these "shops" really endorse the
> > Debian project? Some say they do, but do they really provide back a
> > percentage of their sales as some claim? Should we publicly endorse
> > one on our web page? (we provide links to many other thinks at the
> > moment)
> Anyone is allowed to sell Debian merchandise using the open use logo.
> This does not imply endorsement by Debian.  As we like various people
> distributing Debian CDs, people have generally liked the great
> availability of Debian merchandise from different vendors.  I
> personally think that's a good thing.  We don't require a percentage
> of their sales to be given to Debian (this would classify as
> "non-free" if done for software), but they are surely welcome to make
> donations to the project.  We can certainly link to them from our web
> page; just provide debian-www with a list.

I agree, but I was worried not about merchandise being sold (which is good) 
but of Debian saying that they _do_ endorse Debian by giving a % of the 
sales. This might or might not be a false claim and it might be relevant 
for us to point (in our www) to point to those shops that do this and to 
say that does that do not appear do not do it, regardless of the claims.

I'm worried about people attracting customers because they say they do make 
donations when in fact they don't. The same could be said for CD vendors, I 
have seen some that claim to make donations when in fact they do not. 
That's what I'm worried about. Maybe I was not sufficiently explicit.

> What I said is about the open use logo which most people use.
> Unfortunately, there is at least one shop (it was also mention in your
> list (lojadebian), which uses the official logo; this is a clear
> violation of the license.  I have sent a message to the owner of the
> shop a couple of weeks ago, but have not received a reply yet.  I will
> now send my message directly to cafeshops.com.




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