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by dalke 4275 days ago
How are they breaking the law? That would require use in an infringing way, and the law has some well defined requirements for what that means.

First, Why do you think that Apple claims a trademark on the codepoint? It's not something Apple mentioned in the quote I did earlier:

> The graphic image associated with the Apple logo character is not authorized for use without permission of Apple, and unauthorized use might constitute trademark infringement.

I also did a USPTO trademark search for 'F8FF' and found nothing, so it doesn't look like the codepoint is trademarked.

Second, even if there were some sort of trademark on F8FF, inclusion of a symbol in a font isn't in and of itself trademark infringement. The use must cause a likelihood of customer confusion, otherwise no infringement is possible.

Take a look at http://fortawesome.github.io/Font-Awesome/icons/#brand or http://www.brandsoftheworld.com/search/logo?search_api_views... and tell me if you think they had to permission from the trademark holders.

Use of a trademark doesn't mean trademark infringement. Codhisattva's comment is not trademark infringement. There's no misrepresentation or market confusion. I can say things like "compatible with Micosoft Windows" even though I don't control that trademark or have permission from Microsoft.

Not only that, but in the US Codhisattva's comment is covered by free speech. I can sell a button that says "No !" as a form of protest or political commentary even if selling a T-shirt which says "I♥!" is likely infringement (doubly so if it infringes on NYC's INY style).

1 comments

Err, "I♥NY".