Re: [avr-libc-dev] Web page background image added

[Egil Kvaleberg]

On Tue, 2003-02-18 at 16:17, Joerg Wunsch wrote:
> As Volkmar Dierkes wrote:
> 
> > Here is a much more better one, I think. (But it is the last one 
> > that I post in this sequence ;-)
> 
> I like it.  The question is whether Atmel would like it, too...  IMHO,
> AVR is trademarked.

So is "AVRFREAKS" and "AVR STUDIO", all by Atmel.

This is the "AVR" record (if the links works from here):

http://tess2.uspto.gov/bin/showfield?f=doc&state=r546qp.2.12

But "AVR" is also a trademark for orthopedic products, and there is also
one for bicycle handlebars. Not by Atmel, this time.

The "trademark" is just that, a mark used to recognize a certain piece
or class of merchandise. It does not give Atmel universal ownership of
the three letters AVR in sequence, and "AVR" is not a particulary strong
mark. So if one avoids using the special "AVR" logo, and does this in a
essentially non-commerical contects, I would think that it would be
quite all right (but IANAL). To be on the safe side, one might consider
calling it "openavr" instead of "openAVR", it might make a difference.
Anything you do that makes it obvious that this is not an Atmel AVR
product would help.

Of course, as long as Atmel don't mind, there is no problem whatever you
do. But getting outright permission is sometimes a long process, and may
often not be worth the bother.

I can mention an example of where the borderline may be: A car marque
fan page got an ugly letter since they used the outright trademarked
logo on their page. Changing the page logo to a photo of an emblem from
an actual car, in a manner that made it quite obvious that it indeed was
a photo, made everyone happy. Yes, I know another marque, Porsche, has
been going after just about everyone that has "porsche" as some part of
their url, but I think that is just bully tactics from their side and
not really in their right. Problem is, to find out what is really in
ones right, involves the legal system, and much cost, time and hassle.
Which is best avoided in our context.

That said, my impression of Atmel is that they are "good guys", anyway. 

Egil
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