Nathanael Nerode writes: > MJ Ray wrote: > >> On 2004-05-07 14:20:37 +0100 Stephen Frost <[EMAIL PROTECTED]> wrote: >> >>> Uh, or they use the Debian trademark for something that's not Debian >>> at >>> all.. That's not necessairly claiming it as backing or endorsement >>> from >>> Debian. >> >> If it's software, it seems illegal anyway. > > But it's illegal because it's a trademark violation. Not for any other > reason! Unless I'm very much mistaken. If I am someone will have to point > out the laws under which it's illegal. > > Note that a trademark doesn't have to be registered to exist.
Not being a lawyer, I'm not sure how widely you can claim trademark rights on a logo. I know that for plain text, you can safely use words for different companies in different fields (see, e.g. Apple Computer vs Apple Records and their dispute). That is one reason that the USPTO asks for field of use when registering a copyright. 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. Michael