Re: GNOME logo issue

["Luis Villa" <luis tieguy org>]

On Sun, Jan 11, 2009 at 6:08 PM, Luis Villa <luis tieguy org> wrote:
> On Tue, Jan 6, 2009 at 11:24 AM, Dave Neary <dneary gnome org> wrote:
>> Hi,
>>
>> Shaun McCance wrote:
>>> On Wed, 2006-01-11 at 19:27 +0100, Dave Neary wrote:
>>>> Selon Claudio Saavedra <csaavedra alumnos utalca cl>:
>>>>> http://www.randomimage.us/
>>>>>
>>>>> I think that would be some kind of copyright infringment (IANAL).
>>>> Thanks for the heads-up. In this instance, it is a case of trademark
>>>> infringement, not copyright infringement. I've sent them an e-mail asking them
>>>> to stop using our mark. If they refuse, we'll have to get the foundation's
>>>> lawyers to send a nastygram.
>>>
>>> I was just browsing my email archive for discussions about
>>> logo usage guidelines, and ran across this.  This site is
>>> still (or again), using the foot.
>>>
>>> Can we do something about this please?
>>
>> Just replying to what I said back in 2006 (I'll let someone else take
>> care of it this time) - I'm not sure if we'd get them under trademark
>> infringement, it's probably a better bet to use copyright, since it
>> appears they just lifted some GNOME artwork for the logo.
>>
>> I'll let our resident IANALY comment though... Luis?
>
> That is roughly correct. I'll send another letter. Dave, who did you
> send it to the last time?

Though of course this (again) raises the question of what copyright
license the foot is usually issued under- I don't actually know
offhand. Does anyone? :)

[Note that it probably isn't trademark infringement because they
aren't in the same general market we are; if they were selling
software like we do instead of a website it'd be different.]

Luis