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Can a trademark holder can really stop anyone from modifying the mark? For instance, can Monsanto have a court stop someone from drawing a mutant-looking or wit
by Canada 3y ago
Can a trademark holder can really stop anyone from modifying the mark? For instance, can Monsanto have a court stop someone from drawing a mutant-looking or withered version of the plant in their logo? (eg. https://grist.org/wp-content/uploads/2010/10/monsanto_withered_c.gif https://grist.org/wp-content/uploads/2010/10/monsanto_wither...)
I don't see what's so unreasonable about the other points.
- deleted 3y ago[deleted]
- gorenb 3y agoYes, a trademark holder can do that, but the problem is that Rust is supposed to be a foundation, a nonprofit. Even if they legally can, I don't think it's that ethical for a nonprofit to do so.
- pohl 3y agoIn case you want a heads-up about a typo in your post: I see the word segway, which is the trademark name of a two-wheeled personal transport device. I believe you meant to use the verb “segue” instead.
- gorenb 3y agoI did mean to use the word segue, and no, it was not a pun about trademarks. I will fix it.
- grayhatter 3y agoMy understanding is that they can't. Trademark protections, IIRC, extend only as far as to not confuse people as to the source of some product. If you created a parody to complain, and not to sell a competing product, then fair use would apply. Do you have any examples of when a Trademark holder has been able to prevent a parody?
- dragonwriter 3y agoA nonprofit has as much incentive to aggressively defend branding as a for-profit industry. Deceptive, predatory, and for-profit trading on the branding of a non-profit is just as much of a problem for the non-profit and its mission as the same thing is for a for-profit business.