Ubuntu has nearly the same logo as the Microsoft Alumni Network

[m c]

On 10/5/06, Eldo Varghese <poningru at ufl.edu> wrote:

> Jarrod Henry wrote:
> > I'd hope a "turn the other cheek due to our ethics" would be in play
> > here.  The one thing I fear for Canonical / Ubuntu is that we become
> > what we dislike.
> Unfortunately thats not possible when it comes to trademark law, if you
> dont defend your trademark, you lose it.
> >


While this is true, there are two points to consider. Firstly, its not
like they are using the word so the similarity has to meet some
standard (don't know what that is)

Secondly, it has to be used in the context for which Canonical has
trademark for protection. Ubuntu is protected in these Nice
classifications:
Nice Classification: 9
List of goods and services Computer software; publications
downloadable from the Internet, relating to computers and computer
programs; digital music downloadable from the Internet.

Nice Classification: 41
List of goods and services Training and education, provision of
information; all relating to computer software; providing digital
music from the Internet.

Nice Classification: 42
List of goods and services Consultancy services relating to computer
hardware and computer software; writing, design, installation and
maintenance of computer software.


It's important to note that:
a) Microsoft Alumni Network is NOT affiliated with Microsoft
b) They do not provide any of services above, but instead a social
network from what I can tell

So I wouldn't have thought Canonical would have to go after them to
retain there trademark.

(IANAL, but I do play one on TV)

Thanks,
Mark