"C.M. Connelly" <[EMAIL PROTECTED]> writes: > In most cases of ``infringement'', though, I wonder whether the > exact logo has been copied (unlikely in most cases) or whether > another designer has simply used the tool to create a broadly > similar spiral with a roughly equivalent color and that's being > flagged by people who see it as the Debian logo without checking the > details.
For trademark infringement, it's irrelevant whether "the exact logo has been copied". Trademark doesn't concern itself with *copying*; that's copyright. Instead, trademarks are infringed if someone uses a mark that an average member of the public would find confusingly similar to the trademark. The provenance of the mark isn't in question; what matters is whether there is confusing similarity. -- \ “Pinky, are you pondering what I'm pondering?” “I think so, | `\ Brain, but three round meals a day wouldn't be as hard to | _o__) swallow.” —_Pinky and The Brain_ | Ben Finney -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]
