[Clipart] [dmp at aterwynne.com: RE: Question on Tux trademark]

[Jon Phillips]

On Tue, 2005-07-26 at 20:29 -0400, Jonadab the Unsightly One wrote:
> Nicu Buculei <nicu at apsro.com> writes:
> 
> > I understand an image such as
> > http://openclipart.org/clipart//logos/crystal_tux_chris_kempso_01.svg
> > may be problematic, but I am not so sure about something like
> > http://openclipart.org/clipart//logos/baby-tux_alex_kuehne_01.svg
> 
> These are the lines I was thinking along as well.  The former image is
> obviously Tux, the Tux; the latter is clearly a penguin, but apart
> from that it does not look a lot like Tux.  
> 
> The only question I would have about the latter one would be the use
> of the word "tux" in conjunction with a Penguin, but I am almost sure
> that the Tux in question cannot possibly be the first penguin ever to
> go by the moniker "tux", although he is certainly overwhelmingly the
> most popular one on the internet, making googling for any others quite
> difficult, and of course any SVG penguin image entitled "Tux" seems
> likely to be *intended* to refer to the Tux in question, even if it
> looks quite different.  Not being a trademark lawyer, I'm not sure
> in detail what implications that has, although it seems relevant.

I would agree with your argument...It might better be asked on a
creative commons list.

Jon

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Jon Phillips

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