I've been using a logo on TINY Linux web site. Of course I'm not making money with it, and it is even published outside of France (but they say "around the world") Should I pay attention to this letter ? If so, what should I do, to your opinion ?
<Odile Bénassy obenassy@free.fr wrote:
I've been using a logo on TINY Linux web site. Of course I'm not making money with it, and it is even published outside of France (but they say "around the world")
Should I pay attention to this letter ?
Sadly, probably yes.
If so, what should I do, to your opinion ?
Request clarification. As far as I can see, there is no tatoo image on your web site and they do not specify what the registration details of their trademark is, so it is not possible to verify their claim. I am not a lawyer, but maybe one of the French associates knows one?
Last message wasn't clear, sorry : I've been using a logo made by a friend, *not* copying any other.
Yet maybe you should forget that I've sent you this message...
"<Odile Bénassy" obenassy@free.fr writes:
Last message wasn't clear, sorry : I've been using a logo made by a friend, *not* copying any other.
Your logo is pretty similar to the one from Infogrames (well, both show an armadillo):
http://finalfantasy.gamesweb.com/infogrames.gif http://www.ellosnuncaloharian.com/imagenes/logos/companias/infogrames.gif http://www.infogrames.com/images/corp/navbar/armadillologo.gif
vs.
http://tiny.seul.org/zimaj/tatou.gif
IMHO you should look out for a new logo, since I guess they can enforce the uniqueness of their logo under trademark law.
On Sat, 2002-03-16 at 12:08, Ingo Ruhnke wrote:
"<Odile Bénassy" obenassy@free.fr writes:
Last message wasn't clear, sorry : I've been using a logo made by a friend, *not* copying any other.
Your logo is pretty similar to the one from Infogrames (well, both show an armadillo):
http://finalfantasy.gamesweb.com/infogrames.gif http://www.ellosnuncaloharian.com/imagenes/logos/companias/infogrames.gif http://www.infogrames.com/images/corp/navbar/armadillologo.gif
vs.
http://tiny.seul.org/zimaj/tatou.gif
IMHO you should look out for a new logo, since I guess they can enforce the uniqueness of their logo under trademark law.
I have a better idea. Use a real armadillo photo.
Hugs, rui
Your logo is pretty similar to the one from Infogrames (well, both show an armadillo):
I'm sorry, but IMHO the logos have some significant differences. The Infograme is looking to the other direction, the proportions are far from similar etc.
It's OK to change the logo to avoid legal issues, but I don't think the infograme people have all the rights on their side. First one should aks them to provide a copy of their trademark registration papers to see how far they can go.
An armadillo is an armadillo. One way out would be to find a nice graphic of an armadillo in a book that's more then 90 years old. These graphics are not copyrighted anymore :-) Use this as a logo and make sure to correctly name the source of the picture.
There's always more then one way out :-)
Jan Wildeboer
On Sáb, 2002-03-16 at 12:29, Jan Wildeboer wrote:
An armadillo is an armadillo. One way out would be to find a nice graphic of an armadillo in a book that's more then 90 years old. These graphics are not copyrighted anymore :-) Use this as a logo and make sure to correctly name the source of the picture.
There's always more then one way out :-)
This is the kind of confusion created by the usage of the term "Intelectual Property". This is a TRADEMARK issue, not a copyright one. That means that if a judge believes his armadillo will confuse someone to thinking that his project is related to Infogrames he will loose in court. He should ask a (rtrademark) lawyer and then decide if he should simply change the logo or risk going to court.
At 15:45 +0100 15-03-2002, <Odile BÈnassy wrote:
Content-Type: text/plain; charset=us-ascii Content-Description: message body text Content-Transfer-Encoding: 7bit
I've been using a logo on TINY Linux web site. Of course I'm not making money with it, and it is even published outside of France (but they say "around the world") Should I pay attention to this letter ? If so, what should I do, to your opinion ?
I think that you can from now publish a poll on the main webpage of tiny website : "do you think that this tatoo can be assimilated to the Infogrames tatoo? because Infogrames want us to move the tattoo away" ( and link to their webpage) And see the result (100% no!).
And find any valuable sign that tiny website exists since more time that infogrames website !
Then, what is a tattoo? There are any definition available ? There are any other examples ?
The fact of making money from it is not important.
Please answer before 8 days, anyway.
R.
raphael calvelli writes:
Please answer before 8 days, anyway.
I will
On Fri, 2002-03-15 at 14:45, -->
I've been using a logo on TINY Linux web site. Of course I'm not making money with it, and it is even published outside of France (but they say "around the world") Should I pay attention to this letter ? If so, what should I do, to your opinion ?
IMHO, regardless of your software being used for profit or not, I think this is abusive legal action.
Pay attention to it, get some lawyer advice.
IANAL but here's what I say:
I may be mistaken, but the European Patent Office, while accepting ridiculous patents, has not yet any legal power to enforce this kind of patents.
Gather all official contacts info (like that email and paper letters that are sent. At the very minimum least, it will be yet another item of evidence that these patents are being used to stagnate development.
Hugs, rui