Kadath | 26 Oct 08:23

Debian Logo stoled

Hello.

Checkout this website, it looks like they steal Debian logotype.
http://www.pure-organic-baby-food.co.uk/

Lars Wirzenius | 26 Oct 20:30

Re: Debian Logo stoled

su, 2008-10-26 kello 09:24 +0200, Kadath kirjoitti:
> Hello.
> 
> Checkout this website, it looks like they steal Debian logotype.
> http://www.pure-organic-baby-food.co.uk/

It's not an exact copy of the Debian logo, and Debian does not have a
monopoly on swirls. Thus, I think it is not a problem.

Ben Finney | 26 Oct 22:38

Re: Debian Logo stoled

Lars Wirzenius <liw <at> liw.fi> writes:

> su, 2008-10-26 kello 09:24 +0200, Kadath kirjoitti:
> > Checkout this website, it looks like they steal Debian logotype.
> > http://www.pure-organic-baby-food.co.uk/
> 
> It's not an exact copy of the Debian logo

I agree that it doesn't look like a derivative work as understood by
copyright law. So, I would rule out concerns of copyright violation.

> and Debian does not have a monopoly on swirls. Thus, I think it is
> not a problem.

For this, though, the relevant field is not copyright; it's trademark.

Debian does, IIRC, have a trademark monopoly on the Debian logos; but
I can't find reference to that, so I may be wrong. I'll continue on
the assumption that they *are* trademarks held by SPI.

A trademark is infringed when:

  * a “confusingly similar” mark is used,

  * in relation to products/services similar to those covered by the
    trademark.

To my eye, the mark is certainly very similar to the Debian “open use”
logo, and confusingly so. However, the products don't seem to have
anything to do with (what I imagine to be) those covered by the Debian
(Continue reading)

C.M. Connelly | 28 Oct 00:46
Favicon

Re: Debian Logo stoled


"BF" == Ben Finney <ben+debian <at> benfinney.id.au> 

    BF> For this, though, the relevant field is not copyright; it's
    BF> trademark.

    BF> Debian does, IIRC, have a trademark monopoly on the Debian
    BF> logos; but I can't find reference to that, so I may be
    BF> wrong. I'll continue on the assumption that they *are*
    BF> trademarks held by SPI.

No, we don't.

We have a trademark on the word ``Debian''.  We do not have a trademark
on the swirl logo or any other logotype.

   Claire

+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+
 Man cannot be civilised, or be kept civilised by what he does in his
	    spare time; only by what he does as his work.
			     W.R. Lethaby
+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+
  C.M. Connelly               c <at> eskimo.com                   SHC, DS
+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+=+
Neil McGovern | 28 Oct 11:31
Favicon

Re: Debian Logo stoled

On Mon, Oct 27, 2008 at 04:46:08PM -0700, C.M. Connelly wrote:
> "BF" == Ben Finney <ben+debian <at> benfinney.id.au> 
> 
>     BF> For this, though, the relevant field is not copyright; it's
>     BF> trademark.
> 
>     BF> Debian does, IIRC, have a trademark monopoly on the Debian
>     BF> logos; but I can't find reference to that, so I may be
>     BF> wrong. I'll continue on the assumption that they *are*
>     BF> trademarks held by SPI.
> 
> No, we don't.
> 
> We have a trademark on the word ``Debian''.  We do not have a trademark
> on the swirl logo or any other logotype.
> 

Just for avoidance of doubt, we have the word 'Debian' as a *registered*
trademark, but not the logos. We do hold unregistered trademark on
these.

Neil
--

-- 
<jmtd> irssiproxy appears to be crack cut with washing up powder
Richard Meredith | 26 Oct 21:16
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Re: Re: Debian Logo stoled

Hello Lars,

thank you for your comments regarding the similarity of the Pure Organic and the Debian logo.

We have sent an email into Debian and kandath earlier today as I'm unsure how to reply to Kandath's initial post on the matter, hopefully the mailing list will can post our comments on our behalf.

We take copyright very seriously at Twist Systems, so have thoroughly gone through all of the original inspirational files for this project to make sure that no theft has occurred. What is evident is our clients logo development was never influenced Fully or Partly by the Debian logo, this is the first time we have been made aware of it's existence. We have all of the original files that were used to develop the logo's creation if they were ever needed to be called upon for clarification.

It’s becoming more and more difficult to execute original logo designs. No matter how clever your idea, the chances are someone has created a very similar logo. Why is that? We’re all surrounded by the same influences, exposed to the same shapes, forms and patterns. With the importance of branding in the marketplace, and thousands of designers working on similar projects, it’s obvious ideas will, from time-to-time, look almost identical.

We welcome your feedback.

Diolch / Thanks

Richard Meredith
Twist Systems Limited | Design Develop Promote

T - 01269 823508
Registered in Wales. Company No: 5825181. 

www.twistsystems.co.uk  |  www.twistlocal.co.uk

----------------------------------------------------------------------------------------------------------------------------------

This message (including any attachments) is confidential and may be legally privileged.
If you are not the intended recipient, you should not disclose, copy or use any part of it -
please delete all copies immediately and notify Twist Systems Limited on +44 (0)1269 823508.

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Joe Smith | 30 Oct 04:31
Favicon

Re: Re: Debian Logo stoled

Hello Richard,

Richard Meredith wrote:
>We have sent an email into Debian and kandath earlier today as I'm
>unsure how to reply to Kandath's initial post on the matter, hopefully
>the mailing list will can post our comments on our behalf.

Your message has indeed reached the list.

>We take copyright very seriously at Twist Systems, so have thoroughly gone 
>through
>all of the original inspirational files for this project to make sure that 
>no theft
>has occurred. What is evident is our clients logo development was never 
>influenced
>Fully or Partly by the Debian logo, this is the first time we have been 
>made aware
>of it's existence.

This is not surprising. Others have also created similar logos in the past 
completely independently.
at least one such independeantly developed logo was nearly identical to the 
Debian logo. It happens.

>We have all of the original files that were used to develop the logo's 
>creation if they
>were ever needed to be called upon for clarification.

That is a good thing to have. In this case there is almostly certainly no 
need to provide
any further evidence. The Logo is definately not an exact duplicate, and it 
is being used
for a very different market. As long as your client does not try to enter 
the computer or
computer software markets, there is no real chance of customer confusion. I 
find it very
unlikely that Pure Organic Baby Food Limited will be switching from the baby 
food market
to the computer or software markets in the near future, so there is no 
issue.

Joe Smith

Richard Meredith | 30 Oct 15:52
Favicon

Re: Debian Logo stoled


On 30 Oct 2008, at 03:31, Joe Smith wrote:

Hello Joe,

Hello Richard,

Richard Meredith wrote:
We have sent an email into Debian and kandath earlier today as I'm
unsure how to reply to Kandath's initial post on the matter, hopefully
the mailing list will can post our comments on our behalf.

Your message has indeed reached the list.

Thanks for getting back in touch, managed to get included in the list.



We take copyright very seriously at Twist Systems, so have thoroughly gone through
all of the original inspirational files for this project to make sure that no theft
has occurred. What is evident is our clients logo development was never influenced
Fully or Partly by the Debian logo, this is the first time we have been made aware
of it's existence.

This is not surprising. Others have also created similar logos in the past completely independently.
at least one such independeantly developed logo was nearly identical to the Debian logo. It happens.

We've had work copied more times than I care to mention, so have first hand experience of the upset it can cause both to the company and the designer (myself).


We have all of the original files that were used to develop the logo's creation if they
were ever needed to be called upon for clarification.

That is a good thing to have. In this case there is almostly certainly no need to provide
any further evidence. The Logo is definately not an exact duplicate, and it is being used
for a very different market. As long as your client does not try to enter the computer or
computer software markets, there is no real chance of customer confusion. I find it very
unlikely that Pure Organic Baby Food Limited will be switching from the baby food market
to the computer or software markets in the near future, so there is no issue.

Thats good to hear Joe, I can guarantee Pure will never be getting into the computer software market!! 
If the files are ever needed then pleases get in touch I'll be more than happy to talk through our process and concepts for the customer.

Tel: 01269 823508 Web: www.twistsystems.co.uk




Joe Smith

Thanks for taking the time to reply Joe, much appreciated.

Diolch / Thanks

Richard Meredith
Twist Systems Limited | Design Develop Promote

T - 01269 823508
Registered in Wales. Company No: 5825181. 

www.twistsystems.co.uk  |  www.twistlocal.co.uk

----------------------------------------------------------------------------------------------------------------------------------

This message (including any attachments) is confidential and may be legally privileged.
If you are not the intended recipient, you should not disclose, copy or use any part of it -
please delete all copies immediately and notify Twist Systems Limited on +44 (0)1269 823508.

----------------------------------------------------------------------------------------------------------------------------------






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