The work is not a trademark. The work bears a trademark. Much as with the patent issue, keeping your intuition about copyright licenses and carrying them into the trademark domain will lead you to confusing and incorrect conclusions.
For example, if you draw a spiral-and-bottle like the Debian logo right now on a Windows CD, that infringes Debian's trademark -- even if you've never seen a Debian logo before. The chain of modification and derivation which applies to copyright cases isn't used here, and reserved rights don't stop with that chain -- they leap across into other works. So the fact that the holder of the swirl-and-bottle and Open Use swirl logo trademarks happens to also hold the copyright for them isn't particularly important. The works can and should be (and have been?) put under a free license. That is, their copyrights should be freely licensed. The trademark rights are entirely separate, and there's no reason for Debian to license them in any way other than "Free for use if there's no confusion with Debian, either because they refer to Debian or because they're in a domain where Debian does no business." -Brian -- Brian Sniffen [EMAIL PROTECTED]
