MJ Ray wrote: > Arnoud Engelfriet <[EMAIL PROTECTED]> wrote: > > [...] When a user does "apt-get install firefox" > > he is not saying "I want to install a firefox", but "I want to install > > the browser with the name Firefox". > > Or are they saying "I want to install a web browser" in a similar to those > people who order a coke when they are saying they want a cola?
That's a good question. If "Firefox" has the same generic meaning as "coke", i.e. the general type of product instead of a specific product, then there's no problem. > > It is true that a purely functional indication cannot be affected by a > > trademark. So if something cannot function without having part of it > > named ``firefox'', then that would not be trademark infringement. > > The firefox transition package cannot function fully without its > Package control field being labelled firefox and a /usr/bin/firefox > (IMO having that in iceweasel may be a bug in a couple of ways). I guess then I don't understand why. What I saw was a package called 'firefox' that Depends: on Iceweasel. So that means if I type "apt-get install firefox", apt-get will see the dependency and install Iceweasel. That's where I got worried. > 1. That firefox transition package is not a web browser, so is the mark > relevant or confusing? It's not that the transition package is called 'firefox'. It's the fact that the package Depends: on Iceweasel and so the act of running "apt-get install firefox" results in Iceweasel being installed and not the Firefox browser. > 2. No trade takes place with apt-get, so are any trademarks relevant? Good point. It's always about context. I would say that commercial vendors of Debian (-based) software are trading among other things this package. They could be held liable for a false designation of origin or false label (15 USC 1125). http://www.bitlaw.com/source/15usc/1125.html Arnoud -- Arnoud Engelfriet, Dutch & European patent attorney - Speaking only for myself Patents, copyright and IPR explained for techies: http://www.iusmentis.com/ -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]
