Is the MOS Logo Open Source?

idigital · 29.04.2004, 03:42

Ok, I know this may sound silly, but is the Mambo open source logo open source?

"Of course it is!", I hear you cry.

Well, if this is the case, doesn't that mean that it would be against the GPL to use the logo on commercial products?

I only bring this up because I noticed someone (sorry I forget who) is selling Mambo merchandise on their site.

http://www.cafeshops.com/mosshop

Now, I'm not trying to make trouble here, just trying to save us all some hassles in the future if this becomes an issue.

I realise that this may just seem picky, but if you get what I mean you may see the complications involved.

BennieBlanco · 29.04.2004, 03:46

Quote:

Originally Posted by idigital

Ok, I know this may sound silly, but is the Mambo open source logo open source?

"Of course it is!", I hear you cry.

Well, if this is the case, doesn't that mean that it would be against the GPL to use the logo on commercial products?

I only bring this up because I noticed someone (sorry I forget who) is selling Mambo merchandise on their site.

http://www.cafeshops.com/mosshop

Now, I'm not trying to make trouble here, just trying to save us all some hassles in the future if this becomes an issue.

I realise that this may just seem picky, but if you get what I mean you may see the complications involved.

so far I know the money from the purchase is going to develper team
I don't see this as a problem
legaly?? I don't know but the guy's defently deserve MONEY not few $$ I mean money

idigital · 29.04.2004, 04:00

Quote:

Originally Posted by BennieBlanco

so far I know the money from the purchase is going to develper team
I don't see this as a problem
legaly?? I don't know but the guy's defently deserve MONEY not few $$ I mean money

I *said* I wasn't trying to cause trouble.

These guys may be donating money from their merchandise to MOS, which is beside the point btw, what if someone churns out merchandising commercially without donating to MOS. Would that change your opinion?

My point is that it could happen, and also if people want to use the MOS logo commercially whether there could be legal ramifications in future.

Nothing to do with that particular guy selling merchandise, I'm talking about the issue of the MOS logo itself.

tonyskyday · 29.04.2004, 04:12

Well, first off, "open source" isn't the right term, but I suppose that is beside the point.

You can't copyright a logo, you trademark it. As far as I know, there is not a tradmark on the logo, at least there is not the indication of it from what I have seen.

Like with copyrights, registration is not required for trademarks, but there are advantages:

Quote:

Is registration of my mark required?
No. You can establish rights in a mark based on legitimate use of the mark. However, owning a federal trademark registration on the Principal Register provides several advantages, e.g., constructive notice to the public of the registrant's claim of ownership of the mark; a legal presumption of the registrant's ownership of the mark and the registrant's exclusive right to use the mark nationwide on or in connection with the goods and/or services listed in the registration; the ability to bring an action concerning the mark in federal court; the use of the U.S registration as a basis to obtain registration in foreign countries; and the ability to file the U.S. registration with the U.S. Customs Service to prevent importation of infringing foreign goods.

When can I use the trademark symbols TM, SM and ®?

Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.

I am not aware of the dev team's or Miro's position on this. Just wanted to get the terms right.

-Tony

Sources:
U.S. Patent and Trademark Office
U.S. Copyright Office

idigital · 29.04.2004, 04:22

Thanks, I was feeling a bit too vague to put it in proper legalese myself

It would be interesting to get the dev teams position on this issue.

I've also noticed some copyrights from Miro within MOS. Isn't this also a violation of GPL?

Think I'll go rest my brain now :P