[Fwd: FW: For Approval: Generic Attribution Provision]

DShofi at atmi.com DShofi at atmi.com
Wed Dec 13 17:55:11 UTC 2006


On Tue, 12 Dec 2006, Larry M. Augustin wrote:
> I don't believe you need a license to the trademark Foo to say a piece 
of
> software is "Foo-based", "derived from Foo", or "based on Foo".  That's
> simply an expression of fact describing the origin of the code in the
> derivative work.  I believe you could require attribution of that form
> without granting a license to the trademark.

That's what led me to think the same thing about logos - the web has tons 
of little box logos, e.g. "get Firefox", "IE 5.0 only" (hah), "created by 
WordPress", etc., and no one's telling those holders their marks are at 
risk.

Just be mindful of the difference between the fair uses of textual 
trademarks referenced above in examples (by Larry) and the requirement of 
a license to use a logo.

David

David M. Shofi
Intellectual Property Counsel
ATMI, Inc. 
7 Commerce Drive
Danbury CT 06810
dshofi at atmi.com
Tel: (203) 207-9342
Fax: (203) 797-2544

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