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Re: State Museum of Pennsylvania - Debian copyright infringement?




"MJ Ray" <mjr@phonecoop.coop> wrote in message [🔎] 46d64094.eOGn64hrWbHQx0ft%mjr@phonecoop.coop">news:[🔎] 46d64094.eOGn64hrWbHQx0ft%mjr@phonecoop.coop...
"Joe Smith" <unknown_kev_cat@hotmail.com> wrote:
You are of course correct that trademarks are feild limited. However
my understanding is that the courts also tend to take into account the
likelyhood of confusion. [...]
Similarly if somebody tries to sell just about any product
using the current apple logo, they would likely
recive an injunction. [...]

If using the current Apple logo, I agree.  However, many things sell
using the general image of a bitten apple.  For example, the Bite
discount card for UK transport station food http://www.bitecard.co.uk
I have no reason to suspect that its operator SSP has an Apple licence.

Yes, a bitten apple if it does not too closely resemble Apple Computer's logo would not be a problem.

The State Museum of Pennsylvania is using *a* swirl, not debian's
particular swirl.  What trademark could we hold that would cover the
use of the State Museum of Pennsylvania?

Most likely none.

However, I would not be shocked if a judge did rule
that the other spiral was so similar to ours that it could cause confusion.
I mean, if one was not directly compairing the two, one could easily draw
the incorrect conclusion that they are the same.

In this case though, I would tend to agree that few people would think that the Museum is in some way cnnected to the Debian project.



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