Harry Jackson wrote:
* Darren > Maybe you could use the other badger picture, the one that Andy wanted > originally, instead of the O'Reilly trademarked one?
I mailed Andy ( off list by mistake ) an offer of a badger image that I have been using as a logo. You could use any badger image you want but you would still be infringing their copy right. I remember reading something similar to this about the "Nutshell" names, ie Oreilly own the copyright on them to the degree that its OK to write a book like the "Universe in a nutshell" but you would be gambling by sticking the name on a computer book.
Don't mix copyright with trademark there. Since they trademarked the conflation of Badger and TT2 you can get in to trouble if you do the same to promote your own, published, TT2 work. Technically, the Badger artwork itself probably isn't even copyrighted since they tend to draw from pre-1923 woodcut artworks for their source images. Saves them money and gives them a trademarkable image at the same time. And the same thing with "in a nutshell", to an extent it is a regularly used yet rather weak trademark they employ on many of their products.
Patent: non-obvious and new invention listed with government.
Copyright: newly created work of art (listed with government for extra protection).
Trademark: image or logo regularly used in conjunction with product (listed with gov for extra protection).
Service mark: image or logo advertised when offering a service (listed with gov for extra protection).
Patents and copyrights are time-limited (technically, anyway) in term but grant exclusive license for that term.
Trademarks and service marks are forever but have to be defended and used regularly or are lost.
O'Reilly has to be tough about defending their trademarks or they will lose them. See the "Camel FAQ" at their site: http://perl.oreilly.com/pub/a/oreilly/perl/usage/faq.html
Sorry, it's a hot button with me.
--mark
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