Approval request for BXAPL
Forrest J. Cavalier III
mibsoft at mibsoftware.com
Wed Jul 3 21:57:19 UTC 2002
[Discussion of Paragraph 6]
> > The "even if such marks are included" is a problem when you also
> > require (in a separate paragraph) verbatim distribution of the
> > software. I read that as "when there is any trademark in the
> > software, you are not permitted to distribute."
> --> In my opinion that would not constitute the "use" of such
> trademarks. Would this not be so under US law?
>
One way of including marks is as icons and graphics. These may
appear as output during the normal course of running the software.
(splash screens, for example.) They may appear at page headers
and footers of printed pages produced by the software.
I'm not a lawyer, but under US law, trademarks have to be
used as a description of something, a description which identifies
the source.
If there is a trademark in the software at all, then it must
identify the source. If I am not that source, then I can't
use the mark without separate agreement.
Am I allowed to remove the marks by the BXPL?
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