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A squire or a circle cannot be trademarked. The idea of having curved corners on square, rectangle or any geometric figure had been there for ages. Ubuntu had it all the time; have a look at Ubuntu’s former DE’s login, logout, dash etc.
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Suru is not a finished icon set, just an idea of a background template under it. Suru is also not an original idea of a background template. That kind of template was there - a square with curved corners in iOS 5. Just google AppIconTemplate and you’d get enough info. For example here. Someone might say Ubuntu is copying iOS 6…
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The people in the Yaru team can make their own template, with radius of the corner different to iOS template and Suru. It could be a square, rectangle, vertical, horizontal as they like. Curved corners looks quite nice. That template could be like Unity Greeter’s logout template, with a transparent border around it.
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Putting any app’s icon on our template is not a trademark infringement. It is our distro and our template. Any icon would automatically fall inside it in the centre. Our Yaru team is quite capable of creating its own background.
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The Yaru app theme and gnome-shell theme is original to Yaru team, so only the folder icons and the background has to be done. The team is on it for a long time. (I don’t know how to code or design, but still playing with it, and with nice results.)
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Use svg format, not png. Some info.
So, its better to drop Suru, and create Ubuntu’s own icon theme.