It seems as if this would bundle the Debian Swirl and the look of Debian's website and cover any issues rather than dealing with it as copyright infringement and/or trademark infringement.
Excerpt from an article dealing with Apple sueing Emachines for the eOne: on MacWeek News Trade dress Trade dress is protectable as an unregistered trademark and is a subset of trademark law and principles; it is designed to ensure that a product or service's shape, appearance, color, packaging or even sales techniques are not copied by a competing product. In the past, trade dress has been used by an ironing-board maker to prevent competitors from duplicating its distinctive green color and by Ferrari to block the production of "replicars" that mimicked the shape of that company's distinctive cars. A company filing a complaint of trade-dress violation must demonstrate two things. First, it must prove that its trade dress is distinctive and linked to the product's source in the mind of consumers. Second, it must show that the competing product, by using the first company's trade dress, will likely confuse customers into thinking that the competing company is affiliated with the first company or that the competing goods are in some way approved by it. Some legal commentators, however, believe that Apple's cases are based not on these factors but on related U.S. trade-dress statutes that protect trade dress from dilution. Such cases don't depend on the likelihood of confusion or direct competition; instead, they apply to any activity that reduces the ability of the elements of the original product to signal the source, quality or origin of the good and services associated with the product. Regards, Andrew Weiss Director of Linux Development Boxx International Corporation
