Re: [gentoo-nfp] Gentoo Trademark License (name/logo usage)

[Matthew Summers]

On Sat, Dec 21, 2013 at 1:31 PM, Rich Freeman <rich0@g.o> wrote:
> On Sat, Dec 21, 2013 at 9:25 AM, Roy Bamford <neddyseagoon@g.o> wrote:
>> The Gentoo e.V. registration covers the EU and regions where the EU has
>> agreements. The Foundation registration covers the USA and regions
>> where the USA has agreements.  I expect there is a lot of overlap
>> there. Conversely there will be regions where neither logo registration
>> applies.
>
> Is that a formal declaration that the Gentoo Foundation does not
> believe it is entitled to trademark protection outside of the US?
>
> If it isn't intended to be such we should be clear, lest emails like
> this get used for just that purpose.
>
> As far as I'm aware international law regarding trademark does not
> require it to be registered in every country to be widely enforced.
> US courts have demonstrated quite a bit of willingness to enforce US
> trademarks worldwide.
>
> Honestly, I think the whole Gentoo e.V. situation really ought to be
> straightened out.  Having two completely independent legal entities
> claiming to represent Gentoo really diminishes the ability of either
> to operate.  I'm not sure why we really need two organizations in the
> first place...
>
> Rich
>

Our trademark registration for both the wordmark "GENTOO" and our "G"
Logo are perpetual (as of last year's filing) and cover national (USA)
and applicable international usage (i.e. with countries we have
treaties with governing this sort of thing). I am not aware of what
Friends of Gentoo eV has in the way of a trademark. However based on
the statements of our representative (Fenwick & West) to the USPTO, I
was led to believe that the Gentoo Foundation Inc is the sole owner of
the aforementioned marks.

If there is a need I can contact our rep for clarification.

Regards,
Matt

Matthew Summers
Gentoo Foundation Inc.
GPG: 111B C438 35FA EDB5 B5D3 736F 45EE 5DC0 0878 9D46