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Re: Possible violation of the Debian trademark



On Mon, Apr 19, 2004 at 03:24:37AM +0100, MJ Ray wrote:
> On 2004-04-17 10:16:22 +0100 Benj. Mako Hill <mako@debian.org> wrote:
> >On Mon, Apr 12, 2004 at 07:16:02PM +0100, MJ Ray wrote:
> >>Anyway, do you really want to persecute businesses who promote
> >>Debian to their customers?
> >
> >What we want to avoid is having people use the Debian mark to
> >capitalize off the goodwill created by the Debian project to sell
> >their own service, support, servers, etc. and to reflect poorly upon
> >the project when they screw up.
> 
> Let's be clear on this: promoting one's own services as Debian is 
> impersonation/passing-off or whatever and seems clearly illegal 
> regardless of the trademark. Promoting services of/for installation of 
> Debian systems is not.

Absolutely. What's not always clear is where promoting a Debian
*based* service or product ends and where promoting one's service *as*
Debian begin. This probably wouldn't be common enough to worry about
except that there's often a lot to gain from having people confused
in this way.

> >A Debian-desktop domain name seems like it might incorrectly lead
> >people to this association.
> 
> I think neither rendition of the site that I saw was likely to make 
> someone think that they were buying from Debian. It would be nice to 
> have a clearer explanation of the relationship and some more links 
> back, though.

I took a quick look at the site and I tend to agree with you. In
either case, it seems worth running by our lawyer working on trademark
issues and seeing where this goes from there.

Regards,
Mako

-- 
Benjamin Mako Hill
mako@debian.org
http://mako.yukidoke.org/

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