Docker having its lawyers taking down the Docker font awesome icon
github.com
github.com
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.
> 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.
IANAL, but if i was running a company and people were using their own takes on my logo to reference my product, I would be flattered more than anything. If they were using it as their own, I would certainly have a problem with that. I was under the impression that it was the latter that companies would need to go after in trademark abuse. Going after the former feels... needlessly abrassive, and can turn off formerly hard-won, die-hard users.
Plus some states have their own laws on trademark dilution, which may be even more restrictive.
EDIT: Replying to the below--
" following list of non-exhaustive factors that courts may consider"
You would need a court to actually balance the factors.
> (v) Whether the user of the mark or trade name intended to create an association with the famous mark.
Since the users of the new mark are only utilising it to point to the original owner of the Trademark, dilution doesn't apply.