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

[Jon Phillips]

On Mon, 2005-07-25 at 13:21 -0700, Bryce Harrington wrote:
> 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?

I agree...the only way we could include it is to get the original author
to put it into the public domain. I wonder if the original author makes
any money on the tux logo? Honestly, I can see the logic of a closed
copyright on logos.

Jon

----- 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
> 
> This electronic mail may contain privileged and confidential attorney-client communications and attorney work product.  If you received this communication in error, or are not the named recipient, please delete the communication without using, copying, or otherwise disseminating it.  Please notify the sender that you received the message in error.
> 
> 
> 
> >>> "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 -----
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-- 
Jon Phillips

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