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Re: Debian Open Use Logo inquiry



[I am not a lawyer, or other expert on 'IP'.  But I know a little bit.]

On Sun, 2016-04-17 at 15:06 +0800, rafael coronel wrote:
> Good day! I don't know where this type of message should be sent to, so I
> figured this would go into the general section.
> 
> I am sending this e-mail to inform you that the Debian Open Use Logo is
> being used by a professional as a composite of her own logo branding (
> https://s-media-cache-ak0.pinimg.com/564x/8d/55/f4/8d55f465b6ad23f5ecbec8b50b899161.jpg).
> This logo has been used in her official contracts, transactions and whatnot.
>
> I understand that the image has been released under the Creative Commons
> Attribution-ShareAlike 3.0 Unported License, but I am unsure if this
> licensing still applies if the image is used for branding. This type of
> usage may imply that Debian is endorsing or affiliated with the
> aforementioned individual. May I ask if the licensing encompasses this?

If the other logo is independently created (and apparently it is very
easy to create such a swirl using Adobe Photoshop) no copyright licence
is required.

As for trademarks: if the swirl is not used alone, nor with the word
Debian, nor in the same field as the Debian project, I doubt that it
would infringe.  You didn't say what kind of business she is using the
logo for, though - if it does involve software development or IT then
there may be the risk of confusion.

Ben.

-- 
Ben Hutchings
Make three consecutive correct guesses and you will be considered an expert.

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