Well, one would want to avoid using 134 U and the similarity in name which can be confusing to consumer, Freetone.
Something like OpenColor _____ and some taxonomy might be ok. True legal counsel would need to be sought if this is done IMO. IANAL. Anyway, Pantone has a MONOPOLY on COLOR. That is kind of amazing right? Jon On Fri, Jan 23, 2009 at 8:33 AM, Alastair M. Robinson <[email protected]> wrote: > Hi :) > > Hubert Figuiere wrote: > >> So we could call "Freetone 134 U" the same RGB/CMYK values ? > > As I understand it, trademark law covers more than just the use of a > specifically trademarked word. Merely naming an item such that someone > would make an obvious association with a trademark can be enough to > infringe. > > I seem to remember a case here in the UK some time ago where the > manufacturers of "Penguin" chocolate biscuits successfully sued a > supermarket for naming their competing product "Puffin" bars, and using > packaging featuring a similar image of an upright dark-coloured bird. > > Freetone 134 U, would probably fall foul of trademark law for similar > reasons - i.e. the obvious association with the Pantone trademark - as, > I suspect, would any other system which imitated the Pantone mapping of > numbers to shades. > > Usual disclaimers apply - I'm no lawyer, just some random internet > blowhard. ;) > > All the best, > -- > Alastair M. Robinson > _______________________________________________ > CREATE mailing list > [email protected] > http://lists.freedesktop.org/mailman/listinfo/create > -- Jon Phillips http://rejon.org/ San Francisco + Beijing GLOBAL +1.415.830.3884 - USA 510.499.0894 - CHINA 86.1.360.282.8624 IM/skype: kidproto - Jabber/gtalk: [email protected] http://rejon.org/bio - http://rejon.org/bio/cv - http://rejon.org/projects _______________________________________________ CREATE mailing list [email protected] http://lists.freedesktop.org/mailman/listinfo/create
