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Trademark law is less about these sorts of technicalities and more about the general impression in the mind of the consumer. Would someone confuse the two logos
by angus-prune 5y ago
Trademark law is less about these sorts of technicalities and more about the general impression in the mind of the consumer. Would someone confuse the two logos?
When seeing just the "A" as used in Apse.io's favicon, I wouldnt be able to tell if it was Ansible or Apse without double checking which way round each was, and which font each was.
Most of the "Kelvin Clein" fakes that you see are not actually skirting around the trademark, and rely on never actually being tested in court. At most it pushes enforcement from the front lines of "this is a fake" to the courts with "prove this is a fake".
For instance, in the UK, an off brand clone of Hendricks Gin has been sued for trademark infringement and this article gives a good breakdown of the legal issues[0]. Examples of the different designs here[1].
Its not a given that Apse is infringing, or that Red Hat would sue over it. But given how much easier it is to change these things when the project is young, I'd suggest the author change the logo. Apart from anything else, the similarity to Ansible works against Apse's own notability.
[0] https://www.lexology.com/library/detail.aspx?g=dcae4558-12e3-472c-b0de-38e6124122f6 https://www.lexology.com/library/detail.aspx?g=dcae4558-12e3...
[1] https://ichef.bbci.co.uk/news/2048/cpsprodpb/1580C/production/_118667088_3d88b88a-a1fb-49bd-ac26-547f3b7303e9.jpg https://ichef.bbci.co.uk/news/2048/cpsprodpb/1580C/productio...
- eitland 5y agoAnsible makes a big deal out of being a single letter in a circle, the other is four letters in a rectangle.