|
osdir.com mailing list archive |
|
Subject: Re: On the uselessness of Debian trademarks. - msg#00005List: debian.devel.projectComing back to this.... > On 2004-05-09 10:05:51 +0100 Nathanael Nerode <neroden@xxxxxxxxxxxx> > wrote: > >> Note that a trademark doesn't have to be registered to exist. > > OK, right, file, note the following about the previous emails: > generally, my use of "trademark" was referring to "registered > trademark giving access to the protections in the Trade Marks Act". > > The restrictions permitted by a *registered* trademark are oppressive > and Debian should not use them. Ah. Hmm. Didn't know there were different restrictions permitted by a registered trademark and an unregistered one in some countries. Traditionally in the US, registering a trademark establishes * a presumption in court that it is your trademark; and * that other users of it should have known that it was. You have to put the registered trademark symbol after the mark in the first or most prominent place it appears in any publication, too (which is related to establishing that other users should have known). The trademark right was essentially the right to prevent confusion, inadvertent or otherwise. Perhaps it has expanded beyond all recognition. But I still remember the D&D case, where it was ruled that saying your product was "compatible with Dungeons and Dragons" was simply not trademark infringement, despite TSR's lawsuit claiming otherwise. (Sorry, no reference.) > Furthermore, it should not use > copyright licences to police its logos because it is then promoting > non-free software. Indeed. -- There are none so blind as those who will not see. Thread at a glance:
Previous Message by Date: click to view message previewRe: GoogleOn Wed, Jun 02, 2004 at 10:14:24AM -0700, GJL wrote: > Why is your web page coming up when it says Google.com on the location > bar?? most probably you are behind a unconfigured proxy and/or a firewall, talk to your network administrator > > Why did you HACK into my computer with this GNU/Linux stuff?? noone hacked into your computer, see above > > We have no idea what this is and we do not care. Debian GNU/Linux is a free operating system, check http://www.debian.org for details > > How do I get my computer to funtion without this interference from > Debian and Apache etc and all the other links involved?? see the first answer above kind regards, filippo -- Filippo Giunchedi GNU/PG key: 6B79D401 Random signature below: How do you feel about women's rights? I like either side of them. -- Groucho Marx Next Message by Date: click to view message previewRe: On the uselessness of Debian trademarks.Michael Poole wrote: > A trademark does not have to be registered to get common law > protection, but protections for an unregistered trademark are almost > useless: You will not get costs and attorney's fees in a suit for > common law trademark infringement, only in a suit for Lanham Act > (registered) trademark infringement. Well, you can still get an injunction to make them stop misusing your trademark, which is all Debian would ever want, I believe. Having to pay your own costs is obnoxious; but it's also the general rule in the US for all lawsuits. (It really shouldn't be, but that's another matter.) I don't know what the other differences between common-law trademark law and registered trademark law are, but now I'm quite interested. > Michael -- There are none so blind as those who will not see. Previous Message by Thread: click to view message previewGoogleWhy is your web page coming up when it says Google.com on the location bar?? Why did you HACK into my computer with this GNU/Linux stuff?? We have no idea what this is and we do not care. How do I get my computer to funtion without this interference from Debian and Apache etc and all the other links involved?? gjlx@xxxxxxx Next Message by Thread: click to view message previewRe: On the uselessness of Debian trademarks.Michael Poole wrote: > A trademark does not have to be registered to get common law > protection, but protections for an unregistered trademark are almost > useless: You will not get costs and attorney's fees in a suit for > common law trademark infringement, only in a suit for Lanham Act > (registered) trademark infringement. Well, you can still get an injunction to make them stop misusing your trademark, which is all Debian would ever want, I believe. Having to pay your own costs is obnoxious; but it's also the general rule in the US for all lawsuits. (It really shouldn't be, but that's another matter.) I don't know what the other differences between common-law trademark law and registered trademark law are, but now I'm quite interested. > Michael -- There are none so blind as those who will not see. Loading Comments...
|
|
