If you don't restrict use, you don't have a trademark, you just have a
pretty picture. It would be hard to say that the OSMF controls the
quality of the goods and services that the logo marks. Given the
modified versions that have floated around over the years, the OSMF
doesn't seem to care about trademark dilution either.
But all is not lost. It's still licensed CC-By-SA, so anybody who uses
it has to acknowledge OpenStreetMap. Anybody who doesn't can be told
to stop, even if they've never been told to stop before.
Plus there's the fraud theory. If someone intentionally misleads
someone as to the quality of the goods being sold in an attempt to
profit from that confusion, that's fraud. Might not work for
non-profit abusers, but it's usable for companies.
Best to establish usage guidelines, even at this late date.
Steve Coast writes:
> Because trademark law is a different and parallel universe to copyright law.
>
> I don't know, but I don't think we particularly want to restrict use in
> the strict sense. Trademark law is designed to do exactly what people
> here have mentioned and not let someone use our logo to confuse the
> public by, say, slapping it on a google maps app. So it's there if we
> want to use that power.
>
> Steve
>
>
> On 5/16/2011 12:40 PM, Josh Doe wrote:
> > Can someone explain to me how OSMF can restrict usage of the logo if
> > it's CC-BY-SA? Or rather, if the original logo had a more restrictive
> > license (and copyright was owned by OSMF), and this logo is clearly a
> > derivative work, then this new logo can't be CC-BY-SA, can it?
> >
> > -Josh
> >
> > On Mon, May 16, 2011 at 2:28 PM, M?rtin Koppenhoefer
> > <dieterdre...@gmail.com> wrote:
> >> 2011/5/16 Grant Slater<openstreet...@firefishy.com>:
> >>> On 16 May 2011 14:54, M?rtin Koppenhoefer<dieterdre...@gmail.com> wrote:
> >>>> Is there an informal policy? If I am displaying an OSM based map, am I
> >>>> generally entitled/allowed to use the logo ("OSM inside") in my
> >>>> application / on my website?
> >>>>
> >>> Sounds ok to me, you are promoting OpenStreetMap. What would not be
> >>> cool is claiming (or misleading) that your app/website/etc _IS_
> >>> OpenStreetMap or endorsed by OpenStreetMap.
> >>>
> >>> Disclaimer: I am not a lawyer and I do no represent OSMF.
> >>
> >> Yes, also to me it "feels" OK, but I think the best would be to get an
> >> official statement from OSMF when and how the logo can be used,
> >> because I think that it is good to encourage the use of the logo, but
> >> commercial users would not risk to use the logo if there is no formal
> >> permit to do so.
> >>
> >> cheers,
> >> Martin
> >>
> >> _______________________________________________
> >> talk mailing list
> >> talk@openstreetmap.org
> >> http://lists.openstreetmap.org/listinfo/talk
> >>
> > _______________________________________________
> > talk mailing list
> > talk@openstreetmap.org
> > http://lists.openstreetmap.org/listinfo/talk
>
> _______________________________________________
> talk mailing list
> talk@openstreetmap.org
> http://lists.openstreetmap.org/listinfo/talk
_______________________________________________
talk mailing list
talk@openstreetmap.org
http://lists.openstreetmap.org/listinfo/talk
