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<blockquote data-quote="Yair" data-source="post: 4309808" data-attributes="member: 10913"><p>It is my understanding that you can do so without the GSL. The use of the logo, or something close to it, doesn't constitute a violation of trademark law IF it only indicates compatability. So, you can say that your program works with Microsoft Windows, without needing Microsoft's permission. If the use can mislead the customer to think that the product IS a D&D product (or is a Microsoft program or so on) than this is a breach of trademark; but trademark law does NOT prohibit the use of your trademarks by others, only its use to identify their products as part of your brand or so on.</p><p></p><p>If I'm mistaken in this, then certainly it's a big advantage. But if I'm right, the advantage lies more in the ability to do so under relatively clear guidelines in a legal safe haven, which is why I listed it within it.</p><p></p><p>Edit:</p><p><a href="http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm" target="_blank">http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm</a></p><p>"To be more specific, the use of a trademark in connection with the sale of a good constitutes infringement if it is likely to cause consumer confusion as to the source of those goods or as to the sponsorship or approval of such goods."</p><p>However,</p><p>"the owner of a mark can bring an action against any use of that mark that dilutes the distinctive quality of that mark, either through "blurring" or "tarnishment" of that mark; unlike an infringement claim, likelihood of confusion is not necessary. "</p><p>I doubt the latter would hold for this case, though, except maybe for BoEF or so on.</p><p>Finally,</p><p>"Some courts have recognized a somewhat different, but closely-related, fair-use defense, called nominative use. Nominative use occurs when use of a term is necessary for purposes of identifying another producer's product, not the user's own product."</p><p>I believe identifying your product as compatible with THAT product falls under <em>this</em> protection. But of course, IANAL.</p></blockquote><p></p>
[QUOTE="Yair, post: 4309808, member: 10913"] It is my understanding that you can do so without the GSL. The use of the logo, or something close to it, doesn't constitute a violation of trademark law IF it only indicates compatability. So, you can say that your program works with Microsoft Windows, without needing Microsoft's permission. If the use can mislead the customer to think that the product IS a D&D product (or is a Microsoft program or so on) than this is a breach of trademark; but trademark law does NOT prohibit the use of your trademarks by others, only its use to identify their products as part of your brand or so on. If I'm mistaken in this, then certainly it's a big advantage. But if I'm right, the advantage lies more in the ability to do so under relatively clear guidelines in a legal safe haven, which is why I listed it within it. Edit: [url]http://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm[/url] "To be more specific, the use of a trademark in connection with the sale of a good constitutes infringement if it is likely to cause consumer confusion as to the source of those goods or as to the sponsorship or approval of such goods." However, "the owner of a mark can bring an action against any use of that mark that dilutes the distinctive quality of that mark, either through "blurring" or "tarnishment" of that mark; unlike an infringement claim, likelihood of confusion is not necessary. " I doubt the latter would hold for this case, though, except maybe for BoEF or so on. Finally, "Some courts have recognized a somewhat different, but closely-related, fair-use defense, called nominative use. Nominative use occurs when use of a term is necessary for purposes of identifying another producer's product, not the user's own product." I believe identifying your product as compatible with THAT product falls under [i]this[/i] protection. But of course, IANAL. [/QUOTE]
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