On Tue, Oct 11, 2005 at 11:23:59PM -0300, Marcel Mourguiart wrote:
> I think a law that's just says "copyright does not apply to trademarks" is
> enough.

Well, obviously. Also most companies will not evem think starting a
lawcase over this, because it is so obvious.
> 
> By the way according to US laws a trademark need to be mark with the (R)
> logo or (TM) ( the (TM) is used if you are not finished registering it ).
> All the SUSE logos in the RPM package doesn't have the (R) or (TM) sight, so
> they are in fact art work legally speaking.

IANAL

I saw no such claim on http://en.wikipedia.org/wiki/Trademark
What I see is that the TM is used to claim certain rights and a ® to show
it has been Registerd. So it is much clearer for others and therefore much
easier enforcable. It does not mean that an absence of the symbols take
away the trade mark or the registration.

However they are copyrighted by default and thus can not be used in a normal
way.

Copyright is obtained by default. From
http://en.wikipedia.org/wiki/Copyright (a very small part, Please read the
rest. I just take the US part, as Novell is a US company)
[...]a copyright need not be granted or obtained through official
registration with the government. Once an idea has been reduced to
material form, for example by securing it in a fixed medium [...] the
copyright holder is entitled to enforce his or her exclusive rights. [...]
And
Absence of the copyright symbol does not mean that the work is not
protected by copyright.
And
A copyright notice is no longer required for a work to be covered by
copyright in jurisdictions which have acceded to the Berne Convention.

Also (C), (R) and (TM) are not the way to do this. It must be ©, ® and the
other symbol or it must be written in full. On many places you see:
(C) Copyright 2005. This is the same (legally) as Copyright 2005 or as
putting in nothing nowadays.

houghi
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