Gentoo Archives: gentoo-trustees

From: Daniel Robbins <drobbins@g.o>
To: gentoo-trustees@l.g.o
Subject: RE: [gentoo-trustees] trademark registration update, legal expenses
Date: Sun, 10 Oct 2004 01:14:14
Message-Id: 200410100114.i9A1E6Qr036066@taka.swcp.com
In Reply to: Re: [gentoo-trustees] trademark registration update, legal expenses by Paul de Vrieze
1 > Is there any idea on what the registration of a "black and
2 > white" tradmark would cost additionally?
3
4 Generally I think it's about $3000-$5000 per trademark registration. Since
5 we're in the middle of the process on the "g", continuing would cost maybe
6 $1K to $1.5K (a guess, really.)
7
8 > The reason I ask is
9 > that while our actual logo isn't black and white, the
10 > comparison with potential infringements will also be based on
11 > the black and white picture. There certainly is potential to
12 > create a similar logo without infringing on the copyright.
13 > In such a case trademark law can be very helpfull as it
14 > protects against usage of "similar" words/images as
15 > trademark, while copyright only protects against the use of
16 > the "actual" images we use. A black and white Outline should
17 > be enough for trademark purposes as the point is to protect
18 > against similarity, not "being the same". As an advantage the
19 > black-and-white version would allow us to do recoloring
20 > restyling of the logo while still having it protected.
21
22 I did not know that, as I have not complained to the lawyers yet :) In this
23 case, it may be best to proceed with the registration and I can try to whip
24 up a black and white version that has the likeness of the official version.
25
26 > Is there any way you can get legal advantage of a
27 > non-registered trademark opposed to no trademark at all?
28
29 I don't know, but this is something I can ask.
30
31 Regards,
32
33 Daniel
34
35
36 --
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