[Fedora-legal-list] Use of trademarked operating system icons (eg. Windows logo) in Fedora programs

[Tom Callaway]

On 04/19/2011 06:18 PM, Richard W.M. Jones wrote:
> OK so I read a bit more about trademark law and it definitely seems to
> be a killjoy, even in this case where we are literally representing
> the operating systems in question.
> 
> So let me put the question a bit differently: what logos can we use?
> 
> Tux for example would seem to be fine to represent Linux guests.
> 
> The Fedora logo, surely this is a case where we can use it.
> 
> In cases such as the FreeBSD logo and others, if we (ie. virt-manager
> project) went through the steps to request permission[1] could we then
> include it?

So, this is the longer answer, which is that it might be possible to get
permission from the trademark holders (either via existing license or
via explicit permission) to use these logos, but each permission will
have to be reviewed individually by Red Hat Legal.

If you generate a list of logos you want to use, with:
* a link to the specific logo you want to sue
* a link to the trademark license terms for that logo, along with a
comment specifying where exactly in those terms that you feel your use
case is permitted
 OR
* a link to/copy of explicit permission from the trademark holder
stating clearly that your use case for their logo is acceptable and
permitted

Then, I will pass it along to Red Hat Legal and let you know what they
determine.

As to Tux, it was trademarked at one point, but the only US entry I am
aware of is: Serial Number 78460364

And that one was abandoned in 2005, so it is now considered DEAD. So, in
that case, if you want to use Tux, just provide the link for the
specific logo you want to use.

As to the Fedora mark, our existing trademark guidelines do not cover
this use case, so you would still need to request permission from Red
Hat Legal if you wished to include/distribute the icon with your software.

All of this will take time, so please be patient. Also, it is worthwhile
to keep in mind that, for example, I suspect Microsoft is unlikely to
grant permission for its logo(s) to be used in this manner, so you may
get some logo permissions, but still have other areas which lack them.

~tom

==
Fedora Project