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

Jonadab the Unsightly One jonadab at bright.net
Tue Jul 26 17:29:17 PDT 2005


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.

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