Hello,

My company develops limited edition toys for a variety of brands - game companies, communities, etc. and we are interested in making plush toys and statues of Wilber. We were touching base to discuss any concerns. We would look to provide a portion of proceeds to the community. If someone were able to get back to us that would be appreciated.

I am interested in selling Wilber and GEGL t-shirts too as part of Banu's new shop. It seems some GIMP team members want an adult line as well. ;)

Here is my understanding of it:

* Wilber (a coyote in case you didn't know) isn't exactly used for *selling* t-shirts by the GIMP team, but it has been used on t-shirts and other goodies by the GIMP team. So as it could be construted as a trademark, you'll have to get permission from the GIMP team depending on what toy/clothing you want to use it with.

* If you want to use a particular drawing of Wilber (there are many, such as by tigert, jimmac, mattanhan, etc.), you'll *also* have to get permission from its author as the image is copyrighted. Some of these may have been released under permissive licenses, so you'll have to mention the license in that case, or get a waiver from its author.

Please reply with more details of what your offer is, what proceeds will go to what community, what volume of sales you plan to do, and how we can verify the proceeds against sales.

Mukund

On Sun, 2012-08-12 at 23:54 +0530, Mukund Sivaraman wrote:

Hello,

My company develops limited edition toys for a variety of brands - game companies, communities, etc. and we are interested in making plush toys and statues of Wilber. We were touching base to discuss any concerns. We would look to provide a portion of proceeds to the community. If someone were able to get back to us that would be appreciated.

I am interested in selling Wilber and GEGL t-shirts too as part of Banu's new shop. It seems some GIMP team members want an adult line as well. ;)

Here is my understanding of it:

* Wilber (a coyote in case you didn't know) isn't exactly used for

This is debatable, the only thing we know for sure is that Wilber is a GIMP of undefined gender.

*selling* t-shirts by the GIMP team, but it has been used on t-shirts and other goodies by the GIMP team. So as it could be construted as a trademark, you'll have to get permission from the GIMP team depending on what toy/clothing you want to use it with.

* If you want to use a particular drawing of Wilber (there are many, such as by tigert, jimmac, mattanhan, etc.), you'll *also* have to get permission from its author as the image is copyrighted. Some of these may have been released under permissive licenses, so you'll have to mention the license in that case, or get a waiver from its author.

Please reply with more details of what your offer is, what proceeds will go to what community, what volume of sales you plan to do, and how we can verify the proceeds against sales.

Mukund _______________________________________________ gimp-developer-list mailing list
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On Sun, Aug 12, 2012 at 11:24 AM, Mukund Sivaraman wrote:

* Wilber (a coyote in case you didn't know) isn't exactly used for *selling* t-shirts by the GIMP team, but it has been used on t-shirts and other goodies by the GIMP team. So as it could be construted as a trademark, you'll have to get permission from the GIMP team depending on what toy/clothing you want to use it with.

That isn't how trademarks work. They are different legally from copyrights. Any nontrivial work that a person creates is automatically copyrighted, but a trademark does not exist unless it has been explicitly granted. The phrase "construed as a trademark" doesn't mean anything.

Bill

That isn't how trademarks work. They are different legally from copyrights. Any nontrivial work that a person creates is automatically copyrighted, but a trademark does not exist unless it has been explicitly granted.

No, common marks can be asserted without registration. That's the difference between (TM) and (R).

Monty