Jeff Carr <[EMAIL PROTECTED]> > On 12/18/06 09:02, MJ Ray wrote: > > If the label is not on the outside of the CD or otherwise used in the > > course of trade by the distributor, how is the trademark infringed by > > the distributor? > > That's not how things work in my experience. You are responsible for > everything on the CD. It has nothing to do with how you label it or if > you advertise it as included at all.
Maybe you are responsible for it, but how can strings encoded in a recording on the CD cause any customer confusion by themselves? If they can't, then how is the trademark infringed? That's how trademarks work, as far as I can tell. The US line on hidden labels seems to be currently under development: http://blog.ericgoldman.org/archives/2007/01/keyword_ads_and.htm > Anyway, it looks like they python guys might have fixed/changed their > position so this should be a non-issue now. > > "All trademarks are subject to "nominative use rules" that allow use > of the trademark to name the trademarked entity in a way that is > minimal and does not imply a sponsorship relationship with the > trademark holder. [...] While it's welcome to see it on their position statement (if only because maybe people who don't trust me might believe it now), this may not be a change: I don't see how those non-infringing uses could be stopped, regardless of the holder's position on it. Attempts to stop them would only hurt the trademark holder's friends. Hope that explains, -- MJR/slef My Opinion Only: see http://people.debian.org/~mjr/ Please follow http://www.uk.debian.org/MailingLists/#codeofconduct -- To UNSUBSCRIBE, email to [EMAIL PROTECTED] with a subject of "unsubscribe". Trouble? Contact [EMAIL PROTECTED]
