MESSAGE
DATE | 2015-09-08 |
FROM | Rick Moen
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SUBJECT | Re: [NYLXS - HANGOUT] Copyright Wars - Hershey Bars
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Quoting Ruben Safir (mrbrklyn-at-panix.com):
> Copyright Confection: The Distinctive Topography of the Hershey Bar > After a legal tug-of-war, Hershey's secured a trademark for the > structural design of their classic chocolate bar > Hershey > The unmistakeable surface of the classic Hershey bar (SI) > By Sarah C. Rich > smithsonian.com > October 24, 2012
Um... despite the word 'copyright' in the article header, the legal claim discussed was one of the trademark. There was no copyright issue anywhere in the picture.
Article is here: http://www.smithsonianmag.com/arts-culture/copyright-confection-the-distinctive-topography-of-the-hershey-bar-90333279/
We at _Linux Gazette_ magazine were obliged to become really well versed in US trademark law in 2003 when SSC (then the publisher of _Linux Journal_) attempted to threaten the _LG_ editors with trademark claims. Some of my notes from that incident are here:
http://linuxmafia.com/faq/Licensing_and_Law/trademark-law.html
As I mention on that page, the best _short_ explanation of trademark law I know is Cory Doctorow's that same year: http://www.openp2p.com/pub/a/p2p/2003/08/14/trademarks.html
Anyway, copyright and trademark are WAY different.
-- Cheers, "NOLI TIMERE MESSOREM" Rick Moen -- motto on Sir Terry Pratchett's coat of arms rick-at-linuxmafia.com McQ! (4x80)
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