[asterisk-biz] Use of Asterisk logo and name

Andrew Joakimsen joakimsen at gmail.com
Sat Jul 29 17:05:26 MST 2006


Again, at least in the United States, what Digium says doesn't
necisarrily have to be the "truth" It is what Digium WANTS, but you
might have other rights granted to you by law, namely "fair use."

Here's one site that outlines the basics:
http://www.publaw.com/fairusetrade.html

" The Lanham Act permits a non-owner of a registered trademark to make
"fair use" or "nominative use" of a trademark under certain
circumstances without obtaining permission from the mark's owner. The
fair use and nominative use defenses are to help ensure that trademark
owners do not prohibit the use of their marks when they are used for
the purpose of description or identification. Fair use or nominative
use may be recognized in those instances where a reader of a given
work is clearly able to understand that the use of the trademark does
not suggest sponsorship or association with the trademark owner's
product or services and therefore is not being used in a manner to
confuse the reader. "

Also see: http://www.chillingeffects.org/trademark/faq.cgi#QID56 and
http://en.wikipedia.org/wiki/Fair_use

Again, this is not legal advise. If you want legal advise, see a lawyer.

On 7/29/06, Kevin P. Fleming <kpfleming at digium.com> wrote:
> This is not an appropriate forum to request a legal opinion or official statement, since nobody who will respond here will be able to do anything except quote the posted policy.
>
> If you have specific questions, post them on the issue tracker at licensing.digium.com, contact our legal department, or have your counsel contact our legal department (whichever makes the most sense for you).
>
> --
> Kevin P. Fleming
> Senior Software Engineer
> Digium, Inc.
>
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