Re: similarities between logos for CLUSTER and Debian
On Wed, Jan 14, 2015 at 12:48 AM, Richard Hartmann richih.mailingl...@gmail.com wrote: * WANAL, but as we understand it the current situation already gives us a legal standing if we need it I have been asked to clarify. Long-term use gives us protection under Common Law. This is harder to defend in court if push comes to shove, but we would still have a _lot_ of precedent in our favour. Richard -- To UNSUBSCRIBE, email to debian-project-requ...@lists.debian.org with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org Archive: https://lists.debian.org/cad77+grfrv+sm-eyyxv7vz8kbixz65qr2rvedc_j+d0ad4x...@mail.gmail.com
Re: similarities between logos for CLUSTER and Debian
On Wed, Jan 7, 2015 at 9:46 AM, Yaroslav Halchenko deb...@onerussian.com wrote: On Sun, 04 Jan 2015, Paul R. Tagliamonte wrote: The debian swirl is trademarked, but freely licensed. I don't think so: http://tmsearch.uspto.gov/bin/showfield?f=docstate=4803:q33o33.2.1 The mark consists of a spiral formed with the style of a paintbrush stroke with the word debian written. i.e. swirl on its own is not trademarked, thus could be freely used for other projects, thus all the reports from users on infringement through the years nearly always lead to relax, everything is alright response ;) Yaroslav contacted us at trademark@ and we wanted to clear up any confusion: * The currently trademarked logo is swirl with debian written below it - the word debian _is_ part of said trademark. This was not our intention, but due to confusion in the legal and administrative ether, that's what happened. What we understood to be a procedural request for clarification led the USPTO to change the specimen we wanted to register. When we realized this, it was too late to change much. Legal advice was to let it run through and _not_ try to change anything at that point * Yes, we are filing for swirl only on its own as well * Once we have swirl only, we will look at if International registrations via the Madrid Protocol * WANAL, but as we understand it the current situation already gives us a legal standing if we need it As these processes are slow as molasses... please bear with us. Also, if you have a usage request, question, or a notice of infringement, please poke us at trademark@ or at least CC us. Richard -- To UNSUBSCRIBE, email to debian-project-requ...@lists.debian.org with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org Archive: https://lists.debian.org/cad77+grau0exnhnz2gtwxqh1zsfgreuynqeqh4ek3h5h-vm...@mail.gmail.com
Re: similarities between logos for CLUSTER and Debian
Yaroslav Halchenko wrote: I don't think so: http://tmsearch.uspto.gov/bin/showfield?f=docstate=4803:q33o33.2.1 The mark consists of a spiral formed with the style of a paintbrush stroke with the word debian written. And there are much simpler trademarks out there. The logo of a famous clothing company consists in a blue square with three characters written in white, in a given font. i.e. swirl on its own is not trademarked, thus could be freely used for other projects The swirl is a trademark, regardless of your uninformed opinion on that topic. -- Joss -- To UNSUBSCRIBE, email to debian-project-requ...@lists.debian.org with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org Archive: https://lists.debian.org/1421077953.26565.252.camel@dsp0698014
Re: similarities between logos for CLUSTER and Debian
On Sun, 04 Jan 2015, Paul R. Tagliamonte wrote: The debian swirl is trademarked, but freely licensed. I don't think so: http://tmsearch.uspto.gov/bin/showfield?f=docstate=4803:q33o33.2.1 The mark consists of a spiral formed with the style of a paintbrush stroke with the word debian written. i.e. swirl on its own is not trademarked, thus could be freely used for other projects, thus all the reports from users on infringement through the years nearly always lead to relax, everything is alright response ;) -- Yaroslav O. Halchenko, Ph.D. http://neuro.debian.net http://www.pymvpa.org http://www.fail2ban.org Research Scientist,Psychological and Brain Sciences Dept. Dartmouth College, 419 Moore Hall, Hinman Box 6207, Hanover, NH 03755 Phone: +1 (603) 646-9834 Fax: +1 (603) 646-1419 WWW: http://www.linkedin.com/in/yarik -- To UNSUBSCRIBE, email to debian-project-requ...@lists.debian.org with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org Archive: https://lists.debian.org/20150107084615.gp7...@onerussian.com
Re: similarities between logos for CLUSTER and Debian
On Sun, Jan 04, 2015 at 12:02:31PM -0500, The Wanderer wrote: On 01/04/2015 at 11:41 AM, Paul R. Tagliamonte wrote: The debian swirl is trademarked, but freely licensed. However, this isn't our swirl. And I don't think it's adding confusion. If you want, you can email trademarks@ :) Personally, I've been more confused by the swirl which is the current Dreamwidth favicon; it's in a more similar style, and a more similar color, it simply happens to be swirling in the opposite direction. I've mistaken it for the Debian-logo favicon, and vice versa, more than once while trying to find a particular open tab. I don't think even that much similarity is enough to make it a trademark violation, though. If nothing else, Debian and Dreamwidth are in very different businesses. ^_^ Just for some fun, I've found another (debian?) swirl in a very different business, a string instruments maker in Romania. See first and last pages of their cello catalog: http://www.gliga.ro/cello.pdf -- tiago -- To UNSUBSCRIBE, email to debian-project-requ...@lists.debian.org with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org Archive: https://lists.debian.org/20150106200718.ga15...@acaia.ca
Re: similarities between logos for CLUSTER and Debian
On Wed, Jan 7, 2015 at 4:07 AM, Tiago Bortoletto Vaz wrote: Just for some fun, I've found another (debian?) swirl in a very different business, a string instruments maker in Romania. See first and last pages of their cello catalog: http://www.gliga.ro/cello.pdf I expect this is due to the Debian swirl being generated by the swirl tool of a very popular proprietary graphics app. https://lists.debian.org/debian-legal/2005/06/msg00340.html -- bye, pabs https://wiki.debian.org/PaulWise -- To UNSUBSCRIBE, email to debian-project-requ...@lists.debian.org with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org Archive: https://lists.debian.org/caktje6fngb6i9zosrwaa+dvayp0eq4tyw0+yaxirqpp9kvq...@mail.gmail.com
similarities between logos for CLUSTER and Debian
Consortium Linking Universities of Science and Technology for Education and Research (CLUSTER): http://www.cluster.org/ CLUSTER, but maybe not its logo, appears to pre-date Debian. Given that Georgia Tech is a CLUSTER member and a secondary Debian mirror, I'd be surprised if the similarity in logos had not been noticed previously. My apologies if I've wasted time on a known issue. Thanks. -- To UNSUBSCRIBE, email to debian-project-requ...@lists.debian.org with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org Archive: https://lists.debian.org/54a9520a.7070...@gmail.com
Re: similarities between logos for CLUSTER and Debian
That is ok since swirl itself is not trademarked (must come with Debian) On January 4, 2015 9:45:30 AM EST, Erik Galicki erik.gali...@gmail.com wrote: Consortium Linking Universities of Science and Technology for Education and Research (CLUSTER): http://www.cluster.org/ CLUSTER, but maybe not its logo, appears to pre-date Debian. Given that Georgia Tech is a CLUSTER member and a secondary Debian mirror, I'd be surprised if the similarity in logos had not been noticed previously. My apologies if I've wasted time on a known issue. Thanks. -- Sent from a phone which beats iPhone. -- To UNSUBSCRIBE, email to debian-project-requ...@lists.debian.org with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org Archive: https://lists.debian.org/ef9668b2-2e77-4f30-a603-b071f5fc3...@email.android.com
Re: similarities between logos for CLUSTER and Debian
The debian swirl is trademarked, but freely licensed. However, this isn't our swirl. And I don't think it's adding confusion. If you want, you can email trademarks@ :) On Sun, Jan 4, 2015 at 11:21 AM, Yaroslav Halchenko y...@onerussian.com wrote: That is ok since swirl itself is not trademarked (must come with Debian) On January 4, 2015 9:45:30 AM EST, Erik Galicki erik.gali...@gmail.com wrote: Consortium Linking Universities of Science and Technology for Education and Research (CLUSTER): http://www.cluster.org/ CLUSTER, but maybe not its logo, appears to pre-date Debian. Given that Georgia Tech is a CLUSTER member and a secondary Debian mirror, I'd be surprised if the similarity in logos had not been noticed previously. My apologies if I've wasted time on a known issue. Thanks. -- Sent from a phone which beats iPhone. -- To UNSUBSCRIBE, email to debian-project-requ...@lists.debian.org with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org Archive: https://lists.debian.org/ef9668b2-2e77-4f30-a603-b071f5fc3...@email.android.com -- :wq -- To UNSUBSCRIBE, email to debian-project-requ...@lists.debian.org with a subject of unsubscribe. Trouble? Contact listmas...@lists.debian.org Archive: https://lists.debian.org/CAO6P2QRs9xb8eeyW4Dti+psDUW=raxv1p-zx-nbcb1osqxe...@mail.gmail.com
Re: similarities between logos for CLUSTER and Debian
On 01/04/2015 at 11:41 AM, Paul R. Tagliamonte wrote: The debian swirl is trademarked, but freely licensed. However, this isn't our swirl. And I don't think it's adding confusion. If you want, you can email trademarks@ :) Personally, I've been more confused by the swirl which is the current Dreamwidth favicon; it's in a more similar style, and a more similar color, it simply happens to be swirling in the opposite direction. I've mistaken it for the Debian-logo favicon, and vice versa, more than once while trying to find a particular open tab. I don't think even that much similarity is enough to make it a trademark violation, though. If nothing else, Debian and Dreamwidth are in very different businesses. ^_^ -- The Wanderer The reasonable man adapts himself to the world; the unreasonable one persists in trying to adapt the world to himself. Therefore all progress depends on the unreasonable man. -- George Bernard Shaw signature.asc Description: OpenPGP digital signature
Re: similarities between logos for CLUSTER and Debian
On Sun, Jan 04, 2015 at 12:02:31PM -0500, The Wanderer wrote: Personally, I've been more confused by the swirl which is the current Dreamwidth favicon; Yeah, but it doesn't add confusion to the marketplace. For instance, if you went out and bought something you thought was Debian, but it was really Windows, because Windows was selling Windows 11.0 Debian, with the red swirl, that *would* add confusion. People would think they were buying one thing, but actually got another. In this case, you're confused because two websites have similar logos. Not confusing enough for trademarks :) it's in a more similar style, and a more similar color, it simply happens to be swirling in the opposite direction. I've mistaken it for the Debian-logo favicon, and vice versa, more than once while trying to find a particular open tab. I don't think even that much similarity is enough to make it a trademark violation, though. If nothing else, Debian and Dreamwidth are in very different businesses. ^_^ Right :) -- .''`. Paul Tagliamonte paul...@debian.org | Proud Debian Developer : :' : 4096R / 8F04 9AD8 2C92 066C 7352 D28A 7B58 5B30 807C 2A87 `. `'` http://people.debian.org/~paultag `- http://people.debian.org/~paultag/conduct-statement.txt signature.asc Description: Digital signature
