On Tue, Nov 24, 2009 at 02:08:14PM +1100, Ben Finney wrote: > Eion Robb <e...@robbmob.com> writes: > > > > There's no “fair use” in trademark law AFAIK. > > http://lmgtfy.com/?q=trademark+law+fair+use&l=1 > > (Leads to > <URL:http://en.wikipedia.org/wiki/Fair_use_(U.S._trademark_law)>) > > Okay, so it seems (according to Wikipedia) that the USA does recognise a > “trademark fair use”, which *does* allow referring to the product (using > the mark “nominatively”): > > In the United States, trademark law includes a fair use defense, > sometimes called "trademark fair use" to distinguish it from the > better-known fair use doctrine in copyright. […] > > A nonowner may also use a trademark nominatively—to refer to the > actual trademarked product or its source. […] > > This does, to my mind, permit using the mark to say “this product > supports that other product and/or service”, and doesn't need the > trademark holder's permission. > > Whether other jurisdictions have a similar allowance, I don't know.
More than the trademark fair use problem, there is one of a license one: Are these logo really free ? (keep in mind that for example, the Firefox logo is not, whatever the trademark status is) Mike -- To UNSUBSCRIBE, email to debian-legal-requ...@lists.debian.org with a subject of "unsubscribe". Trouble? Contact listmas...@lists.debian.org
