[theme-reviewers] Question about guidelines - Trademark

[Chip Bennett]

Bearing in mind the IANAL caveat for pretty much anyone on this list...

The way I look at it is like this: I consider my Oenology Theme. It's
licensed under GPL. That license includes the design. It does not include
the name "Oenology". Even though I don't necessarily have a particular,
commercial interest in associating the name "Oenology" with the Theme, I
still have a right to the name in association with the Theme. (At the very
least, someone modifying the Theme, adding malicious content, and
redistributing it under the name "Oenology" could potentially reflect
poorly on my reputation as a Theme developer.) Thus, my trademark claim
protects me from that, even though the *copyright* license is GPL, and
under copyright license, the redistribution of my modified Theme is
perfectly acceptable.

That's why, taking the phpBB Theme, use of the "phpBB" name should require
approval of the *trademark* owner of that name, while the *copyright*
license of the phpBB *product* allows the design of the product to be
cloned.

Hopefully that makes sense? If not, I'll blame it on being way too tired...

Chip

On Tue, Dec 20, 2011 at 8:28 PM, Angelo Bertolli
<angelo.bertolli at gmail.com>wrote:

> Is the design trademarked somehow?  Trademark refers only to registered
> trademarks that might confuse people as to the brand of something, or
> represent an endorsement of a product.
>
>
> Daniel Fenn wrote:
>
>> That was regarding the use of phpBB in it (theme) name, and not the
>> design as far as I recall.
>>
>> Can someone please tell me how I search this list?
>>
>>
>>
>>
>> On Wed, Dec 21, 2011 at 11:03 AM, Emil Uzelac<emil at themeid.com>  wrote:
>>
>>> didn't you e-mail the list while ago when you mentioned that the creator
>>> of
>>> phpBB doesn't mind that, if so I think you're fine, there was a fwd
>>> e-mail
>>> from him, or something similar that I could remember
>>>
>>> ----
>>> Emil Uzelac | ThemeID | T: 224-444-0006 | Twitter: @EmilUzelac | E:
>>> emil at themeid.com | http://themeid.com
>>> Make everything as simple as possible, but not simpler. - Albert Einstein
>>>
>>>
>>>
>>> On Tue, Dec 20, 2011 at 5:52 PM, Daniel Fenn<danielx386 at gmail.com>
>>>  wrote:
>>>
>>>>
>>>> Hello all,
>>>>
>>>> I have a question about the quote below:
>>>>
>>>> "Trademark
>>>>
>>>>    Themes MUST NOT clone the design of past or present web site.
>>>> Themes that clone non-website designs will be considered on a
>>>> case-by-case basis."
>>>>
>>>> My theme, propress is a theme based on the default theme used in phpBB
>>>> along with a page in the admin area to allow people to set it so that
>>>> it look the same as their phpBB based forum.
>>>>
>>>> Would I be breaking the rules regarding this?
>>>>
>>>> Thanks
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>>>>
>>>
>>>
>>>
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