:: Re: [DNG] Devuan Sticker Poll
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著者: Rick Moen
日付:  
To: dng
題目: Re: [DNG] Devuan Sticker Poll
Quoting Jaromil (jaromil@???):
> On Sat, 30 Jul 2016, Nate Bargmann wrote:
>
> > If the logo is indeed a registered trademark, then the circled R may be
> > required. Probably varies among jurisdictions.
>
> it really looks bad so lets omit it. we have a registered trademark to
> defend ourselves from felony of all sorts, it won't be an (r) missing
> from a sticker that weakens our positioning.


I would be glad to help with a general understanding of trademark law,
if you are interested.


The circle-R or variations thereof is _not_ required.[1] It is regulated
only in the sense that people who've paid their national trademark
offices for a registered trademark or service mark are the only ones who
may lawfully use the symbol.

The function of the symbol is to put producers of competing goods or
services on notice about the existence of your trademark registration,
to make it less likely they will be tempted to introduce competing
offerings that use the marks in ways likely to confuse customers into
believing those competing offerings were produced or endorsed by the
trademark holder.

Please note carefully that trademark is a _commercial_ right whereby
someone has a qualified monopoly on commercial brand impression. The
trademark holder has the right to prevent others from competing using
that mark in ways that induce customer confusion -- within the same
industry or market segment. The trademark owner _generally_[2] has no
power to ban the use of similar marks in other industries / market
segments, nor to have any control whatsoever over non-commercial uses.
(Moen Faucets cannot enjoin me from selling Moen Beer.) The trademark
owners also cannot enjoin _nominative_ use, e.g., CocaCola does not
infringe Pepsi's trademarks if it says 'CocaCola tastes better than
Pepsi'.

I have a much-deeper explanation of trademark law basics here:
'Trademark Law' on http://linuxmafia.com/kb/Licensing_and_Law/ .
I am not a lawyer (and only an attorney working for you may lawfully
give Devuan Project specific legal advice). However, I did study quite
a bit of business law on my day, and also intensively studied trademark
law back in 2003 when my magazine, _Linux Gazette_, faced trademark
threats from our previous Web host, Phil Hughes's SSC, Inc., which was
then the publisher of _Linux Journal_. Hughes attempted to kill our
magazine with toothless assertion of trademarks, and we politely called
his bluff and prevailed.[3]


[1] I am familiar with the law of trademarks in the USA and UK. Other
jurisdictions will probably have generally similar provisions because of
international treaty relationships.

[2] Except for a few huge brands under the novel theory of trademark
'dilution' as a tort.

[3] The early phases of that accidental confrontation are covered here:
http://www.tldp.org/LDP/LGNET/issue96/moen.html