[theme-reviewers] Question about guidelines - Trademark

[Daniel Fenn]

Thankyou guys for clearing that up. I should add that the other thing
that I can't use is the phpBB logo.

For those who couldn't find the default theme, it is prosilver, and as
far as I know, you can only get it by downloading phpbb from the home
page.

Thankyou guys :)

On 21/12/2011, Chip Bennett <chip at chipbennett.net> wrote:
> 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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>>
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>>
>


-- 
Regards,
Daniel Fenn