On Fri, Feb 25, 2000 at 04:25:59PM +0200, Stas Bekman wrote:
> The logo from http://www.vagabondage.com/~jim/modperl/ looks good! And
> it's a different kind of Eagle so you don't need a permission from
> O'Reilly. Am I right?
U.S. Trademark law is a bit odd. O'Reilly holds trademarks for any use of
the camel in association with perl. And, I'd wager, the eagle in
association with modperl, and the trantula in association with sendmail,
etc.
The bad part about US trademark law is this. A trademark holder is
required to VIGOROUSLY defend their trademark. Essentially, if they know
of a use of their trademark and do nothing, it can be (And in other
instances HAS BEEN) proven that the trademark has been abandoned. A
company like O'Reilly has no choice but to assert it's trademark in all
cases. (I'm no lawyer, but that's how I've always understood the law)
Now, there MAY be a way around this. Since O'Reilly is an apachecon
sponsor and this IS an apachecon event, there may be a way for O'Reilly to
sanction the shirts as part of it's sponsorship. Just an idea.
As for the other suggestion of the camel/peacock/chimera, I'd wager the
camel portion of that would violate ORA's trademark.
This conversation comes up quite often, but there's a real need for a
mascot that is, well, open source. BSD has the devil, Linux has the
penguin. The problem with a product named Apache is that the obvious
mascot, A native american warrior or chief, angers Native american
activist groups. The Apache/Jserv website at java.apache.org had a
fantastic logo of a cartoon Chief sitting at a campfire drinking coffee.
Apparently this angered some people and it was pulled.
The Linux community gets alot of mileage out of the penguin, which only
has ties to the software in the fact that Linus Torvalds was bitten by a
penguin at a zoo.
Apache, and/or modperl, need a mascot that can be leveraged as a rallying
point.
Maybe this belongs in the advocacy list...
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| Chris Thompson ct@cthompson.com |
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