Re: [GNU-linux-libre] Usage of NINTENDO, MAME and other trademarks

[Julian Marchant]

On 04/01/2016 04:13 PM, Jean Louis wrote:
> The question is: does it harm the market?

No, it isn't. I suspect you are making a generalization because you've
lumped together copyright law and trademark law, which have completely
different purposes.

The question of interest for trademarks has nothing to do with "harm" of
"the market". The purpose of trademarks is to prevent confusion of
consumers. So the question is whether or not such confusion is
reasonably likely to arise.

A Nintendo 64 emulator is... wait for it... a program which emulates the
Nintendo 64. Far from causing confusion, what would cause confusion is
trying to skirt around the word "Nintendo" because you have an absurd
fear that daring to *mention* Nintendo somehow infringes their trademark!

A real possible example of trademark infringement would be putting
"Nintendo" into the name of a program, because that might lead people to
believe that Nintendo developed or at least endorses the program. But of
course, that's not what happened here.

-- 
Julian Marchant
https://onpon4.github.io

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