legal Digest, Vol 22, Issue 4

[Arnoud Engelfriet]

Hendrik Weimer wrote:
> Arnoud Engelfriet <arnoud at engelfriet.net> writes:
> 
> > If you distribute copies under the name 'xt:Commerce', you infringe
> > their trademark unless you have permission to do this. Under
> > trademark law you are not allowed to apply the name to copies
> > of the original (not even if they are bitwise identical to the
> > original).
> 
> Isn't this a violation of the "no additional restrictions" clause of
> the GPL?

Good question. The GPL FAQ doesn't address this, and I've never seen a
statement from the FSF about this topic.

But now that I think about it again: because of the "copy and
distribute verbatim copies" language in GPL section 1, you have the
right to pass on xt:Commerce without having to remove the labels. A
'verbatim' copy is an exact copy, thus necessarily with all the
original wording. 

The one thing you can't do is add advertising or promotional messages
to the packaging that suggest your copy came from xt:Commerce, or that
you are an affiliate of that company.

Kind regards,

Arnoud Engelfriet

-- 
Arnoud Engelfriet, Dutch & European patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/