On Wednesday 12 October 2005 03:43, Marcel Mourguiart wrote:
I understand that perfectly, know can you show a legal real life example probe it court when your words are not just air ??
I don't understand what you're trying to say. No one has ever tried to kill someone by forcinf peanuts down their throat. Does that mean you won't believe it's illegal until it comes up in court? trademark law and copyright law are totally separate parts of the legislation. The simple fact is this: if a trademark holder did allow you to do whatever you wanted with their trademark, it would no longer be a trademark. It would fall into the public domain. Trademark law requires you to protect your mark. This is explicit in the legislation. I already quoted one example of a company protecting their trademark, another would be mobilix in Germany being sued by Les Editions Albert Rene To name a couple of examples from the open source world, AbiSource will not let you use their trademarks in derivative packages either. http://www.abisource.com/tm_guide.phtml and the same is true for mozilla, you need to get special permission for derived works http://www.mozilla.org/foundation/trademarks/faq.html But ask around, I doubt you will find even one holder of a registered mark that will let you do what you want with their marks I think you can copy the kdebase3-SuSE package verbatim freely, but not include the trademarks in any changed version you create As for the logos you mention, I don't know if they are registered marks or not, I would assume that either they are not, or that the respective company's trademark policy allows such use, since the Novell legal department is generally quite careful about these things. But I don't know for sure