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

[Bryce Harrington]

With our recent discussion about PD and trademarks, I re-checked my
email with our lawyer about the Tux logo.  I think that even here, it's
clear that Tux is not public domain.  Thus I think that maybe Tux plus
all Tux-derivative logos can't be considered public domain.  What do
others think?

Bryce

----- Forwarded message from Diane Peters <dmp at aterwynne.com> -----

Date: Thu, 15 Jul 2004 12:01:09 -0700
From: Diane Peters <dmp at aterwynne.com>
To: bryce at osdl.org, nbpratt at osdl.org
Subject: RE: Question on Tux trademark

Bryce,

Without quite understanding what a vectorized version of Tux is, anyone is free to use and modify the penguin, post it to the web, use it on their products, etc., all without asking permission from Larry Ewing or paying him any licensing fees.  The only caveat is that if anyone asks, you should give Larry and GIMP attribution.

Diane

Diane Peters
Ater Wynne LLP
222 S.W. Columbia
Suite 1800
Portland, OR 97201-6618
Telephone: (503) 226-8435
Fax: (503) 226-0079
Website: www.aterwynne.com
e-mail: dmp at aterwynne.com

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>>> "Nelson Pratt" <nbpratt at osdl.org> 07/14/04 12:20AM >>>
Diane,
Can you please help Bryce with his question>\?

Thanks,

Nelson

-----Original Message-----
From: bryce at osdl.org [mailto:bryce at osdl.org] 
Sent: Tuesday, July 13, 2004 8:10 PM
To: nbpratt at osdl.org 
Subject: Question on Tux trademark


Hi Nelson,

The question of the trademark status for Tux came up on a project I'm on.

Specifically, we have a 'vectorized' version of the Tux image (in addition
to some other open source logos) that is provided for the community to make
use of.  I believe Carl's been able to make use of it, for instance.

However, we're fairly clueless about trademark rules.  Is it legal for us to
redistribute the Tux logo?  Do we need to provide some kind of license
statement with it, or is it 'Public Domain'?

Thanks,
Bryce




----- End forwarded message -----