[thelist] Ethical issues concerning re-use (and heavymodific

[Jared M. Spool]

> Samir M. Nassar wrote:
>
> > check out RedConcepts.NET logo at http://www.redconcepts.net
> > Maybe we can sue anybody who uses a circle, globe or fragment thereof
> > post 2002.

Then Liam Delahunty wrote:

>
> With respect, that logo isn't exactly original is it. A red circle
> with a shadow. I don't see how you can claim a globe from it.
>
> Saul Bass used a shadow effect within a circle (globe) for AT&T, in
> the same vein cable and wireless used an "internal" 3D shadow
> effect. Circles - London Underground. For a globe what about USA
> Today?

For the record, these are trademarks, for which there are a
completely different set of rules from copyrights (what we were
originally discussing here) and patents. (And other forms of
intellectual property protection, such as trade dress, design
patents, and trade secrets.)

Quick 30,000-foot summary:

Copyrights protect the *expression* of an idea. (Not the idea
itself.)

Patents protect an idea (but not the expression).

Trademarks (and trade dress) protect against "likelyhood of
confusion" between trademark holders.

Having been an expert witness is cases regarding this topic, I've had
a chance to learn a whole lot about it.

Jared


- o - o - o -
Jared M. Spool
User Interface Engineering
jspool at uie.com   http://www.uie.com

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