Is new logo a trade mark?

Question

Is it right that new logo is trade mark? In my humble opinion, it doesn't harmonize with open source ideology. If you are agreeable with me, can you remove (tm) from all pictures?
Last edited by Ferhiord (2008-01-17 13:52:35)

Answer 1

phrakture wrote:You don't need a license to use a trademark in context of the thing which is trademarked. Again, this is NOT copyright.
IANAL. But...
The Linux Mark Institute (http://www.linuxmark.org/) is the organisation that manages the Linux trademark (on behalf of Linus). To be honest I though this was only an issue if you try and register a trademark with the word "Linux" in, however, in the Linux Mark FAQ,
http://www.linuxmark.org/who_needs.php:
Examples of Use Requiring A Sublicense.
If you plan to market a Linux-based product or service to the public using a trademark that includes the element "Linux," such as "Super Dooper Linux" or "Real Time Linux Consultants" you are required to apply for and obtain a sublicense from LMI. This is true whether or not you apply to register your trademark with a government.
Also, http://www.linuxmark.org/faq.php:
If the answer to all three of the following questions is "yes," then you need to apply for a sublicense. If the answer to any of these questions is "no," then you do not need to apply for a sublicense.
   1. Is my mark a trademark (see how we define "trademark," below)?
   2. Does my mark contain the following string of adjacent letters, in this order: "Linux"? These letters may or may not be capitalized, and in the case of foreign characters, phonetic translations also apply.
   3. Do I use my mark to identify software-related goods or services (see how that phrase is defined, below)?
I can't help noticing the word "Linux" in the ArchLinux trademark, hence it seems that there may be a requirement to get in touch with the LMI.
One may infer that given that the LMI hasn't been chasing various Linux-named distros, that suggests that the LMI doesn't consider it a problem. Maybe that's right. But maybe it's because they're a small outfit and chasing hobby distros isn't high on their priorities. If it were me, based on what I've now read at the LMI site, I'd get in touch with them (because I'd want to be a good Linux citizen and not want to knowingly contravene the law) - hopefully they will say "don't worry about it ArchLinux is fine", etc, etc. I dunno, I believe there's a can of worms here that very few people are thinking about.