Not being a lawyer, but having studied law. I know I can offer at least
this. Being that all three parties are involved in the IT/software genre
it is a very likely that Sun and/or Microsoft would seek legal action in a
display of 'trademark protection.' If you fail to actively persue ALL
possible trademark infringements then you open yourself up to losing that
protection under the trademark. This is why Xerox went after those who
used the term 'xerox machine' in their ads back in the 80's. They had to
protect their brand and trademark insisting that it is not 'making a xerox'
but instead 'making a photocopy'. The acute detail to wording/imaging is
what matters.
Regardless of committer vote, POI would be open to legal attack. Whether
or not a judge will side with the logo or against it is finally up to the
judge. It would be the same thing to start a software company and call it
MicroSun or InDell. Where this is not an exact ripoff of the copyright
protected name it is suspicously similar. Just as the proposed POI logo is
strikingly similar to Sun's and Microsoft's respective logos. But
continuing with this logo POI is opening themselves up for legal action
from the above mentioned. The only sure way to prevent legal action would
be to contact the legal departments of Sun ans MS to get documented
objections (if any) to the logo. If there are objections then you can
assure youself a lawsuit by going forward with it
Aaron
"Andrew C.
Oliver" To: Jakarta General List
<[EMAIL PROTECTED]>
<acoliver@apac cc:
he.org> Subject: Re: POI Logo legal matter
07/12/02 07:51
AM
Please respond
to Jakarta
General List
My real question here is just "Whether the logo is legally a problem",
I'm not a lawyer, have never been one and
don't play one on TV even. If its not then it won't be an option for
the committer vote. If it is, then it will
be an option (and the winning user voted logo). I'd like to know from a
lawyer though, not from a lay opinion.
Refactoring the logo at this point wouldn't be fair I don't think.
-Andy
[EMAIL PROTECTED] wrote:
> I think that if you were trying create a fantasy world where Microsoft
and
>Sun were to merge then this would be the logo to pick, otherwise it is to
>close for comfort for either of them I believe.
>
>Just my opinion,
>
>Aaron
>[EMAIL PROTECTED]
>
>
>
>
>
>
> Ted Husted
> <husted@apache To: Jakarta General List
<[EMAIL PROTECTED]>
> .org> cc:
> Subject: Re: POI Logo legal
matter
> 07/11/02 05:54
> PM
> Please respond
> to Jakarta
> General List
>
>
>
>
>
>
>I'd ask if the contributor could remove the "diamond" look so that it
>looks more like steam and less like the Windows "flag", then see if we
>need to run it by counsel. The cup part seems like a stretch to me too,
>since it is a very different looking cup. But the diamond pattern does
>seem a bit too close for comfort.
>
>"Andrew C. Oliver" wrote:
>
>
>>Hi All,
>>
>>The committers are about to be asked to vote on the new POI logo. While
>>the recent user logo poll was not binding (as only committer votes are
>>binding), I expect the majority of committers may cast their vote
>>democratically.
>>
>>Unfortunately, the logo that has won the poll is controversial. Had I
>>seen the Windows XP logo (I use Linux and sometimes w2k due to
>>work/cross browser testing, but I always shower afterwards), I probably
>>would have nixed this one. However, my opinion is but that of a lay
>>
>>
>person.
>
>
>> From my understanding the foundation employs council that is available,
>>however not being a member of the foundation, I'd like to solicit the
>>assistance of a foundation member to bring this issue to the foundation
>>or said legal council.
>>
>>I've been told that the logo is potentially a problem:
>>
>>a. because it looks too much like the windows xp logo
>>b. because it employs a coffee cup (which I think is unlikely) and
>>therefore would peeve sun too.
>>
>>I'd like to ask the legal reprentative to look at:
>>
>>http://jakarta.apache.org/poi/news/images/logoRaPiGmbH8.png
>>results: http://vote.sparklit.com/poll.spark/640946
>>
>>and tell us whether this logo is likely a trademark infringement on
>>either issue.
>>
>>In the event it is, we'll not submit it to the POI committers as a
>>candidate.
>>
>>Thanks,
>>
>>Andy
>>
>>--
>>To unsubscribe, e-mail: <mailto:[EMAIL PROTECTED]>
>>For additional commands, e-mail: <mailto:[EMAIL PROTECTED]>
>>
>>
>
>-- Ted Husted, Husted dot Com, Fairport NY US
>-- Java Web Development with Struts
>-- Tel: +1 585 737-3463
>-- Web: http://husted.com/about/services
>
>--
>To unsubscribe, e-mail: <mailto:[EMAIL PROTECTED]>
>For additional commands, e-mail: <mailto:[EMAIL PROTECTED]>
>
>
>
>
>
>
>--
>To unsubscribe, e-mail: <mailto:[EMAIL PROTECTED]>
>For additional commands, e-mail: <mailto:[EMAIL PROTECTED]>
>
>
>
>
--
To unsubscribe, e-mail: <mailto:[EMAIL PROTECTED]>
For additional commands, e-mail: <mailto:[EMAIL PROTECTED]>
--
To unsubscribe, e-mail: <mailto:[EMAIL PROTECTED]>
For additional commands, e-mail: <mailto:[EMAIL PROTECTED]>
