Docker having its lawyers taking down the Docker font awesome icon

https://github.com/docker/docker/issues/18264#issuecomment-162934157

by tilt • 11 years ago

24 15 11 years ago

jamescun• 11 years ago

This makes sense from a trademark perspective, you either protect it or lose it.

However I think, particularly for a project that supposedly highly values open source, to go straight to lawyers is a very poor show on Docker Inc's part. An email referring to their guidelines or even chiming in on the project/issue thread on GitHub would probably have sufficed and come across much better from a PR perspective.

I hope this serves as a warning to others regarding exactly what kind of company Docker Inc is.

leommoore• 11 years ago

They could have agreed to license the trademark to the project instead. Not cool!!

shykes• 11 years ago

We will probably do that (and brief our legal team to escalate any case involving open-source projects to Docker management before taking action).

Someone12343• 11 years ago

I am guessing the lawyer doesn't expect a lot of people to fight this (since few have the money to burn) but realistically the use of the Docker logo is likely nominative fair use[0].

by which a person may use the trademark of another as a reference to describe the other product, or to compare it to their own.

Since the Docker logo is being used to describe or in reference to Docker, it is likely a nominative defense could work.

[0] https://en.wikipedia.org/wiki/Nominative_use

phonon5• 11 years ago

I don't think that's the issue. The issue is that FA designed their own "take" on the docker icon, which is different than the one docker uses. Your rights to manipulate someone else's trademarked logo are much more limited.

draw_down• 11 years ago

They should replace it with a penis.

mintone• 11 years ago

It sounds very much like Docker don't an unauthorised interpretation of their logo floating around. They do actually have a small icon which is used for their blog link at the foot of all Docker pages: https://docker.com/sites/all/themes/docker/assets/images/soc...

nucleardog• 11 years ago

That image isn't allowed to be used outside of Docker. FTA - https://github.com/docker/docker/issues/18264#issuecomment-1...

Docker having its lawyers taking down the Docker font awesome icon

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