Gentoo Archives: gentoo-trustees

From: Paul de Vrieze <pauldv@g.o>
To: gentoo-trustees@l.g.o
Subject: Re: [gentoo-trustees] potential abuse of IP
Date: Wed, 18 Aug 2004 09:28:31
Message-Id: 200408181127.02524.pauldv@gentoo.org
In Reply to: Re: [gentoo-trustees] potential abuse of IP by Kurt Lieber
1 On Wednesday 18 August 2004 03:07, Kurt Lieber wrote:
2 > On Tue, Aug 17, 2004 at 07:12:19PM -0400 or thereabouts, Joshua Brindle
3 wrote:
4 > > Aside from people selling stuff with our logo/name how does trademark
5 > > law work on something like
6 > > http://www.gentoo-wiki.com
7 >
8 > Not sure on the issue of using Gentoo as part of their domain name.
9 > The use of our logo on the site, however, is clearly not authorized.
10
11 The use is not authorized and probably a violation of trademark law.
12 However I feel that we should grant them a license to use this name, with
13 a number of conditions.
14
15 >
16 > > afaik noone could register microsoft-wiki.com so this seems like a
17 > > violation, are we going to grant exceptions on a per case basis for
18 > > pages like this which really want to help the community and not just
19 > > make a buck?
20
21 Yes, I think we should grant on case by case basis, and also have
22 conditions and a limited license duration (automatically renewed with a
23 cancellation term) so we can keep control of sites that got a license but
24 changed their setup.
25
26 >
27 > Protecting our IP isn't just about making (or not making) a buck. We
28 > can chose to license our logo to whomever we want for free if we wish.
29 > However, we need to consider the consequences of that. If we allow
30 > someone to set up a site that looks and feels like our own (or even
31 > just uses our logo...) there is a reasonable chance that folks will
32 > assume they're an official part of our organization. Things that get
33 > posted on that site may be taken as official communications, etc.
34
35 The main issue is that if you don't protect your trademark, you loose it.
36 There is no option but to defend our trademarks.
37
38 > We don't have to charge for use of our logo, but I *do* think we should
39 > be very picky about who we allow to use our logo.
40
41 I also think we should be picky on how we allow our logo to be used. I
42 think this example uses the logo inappropriate. While there is a text
43 message that this is not an official site, the prominent placing of the
44 logo makes it very easy to miss this notice.
45
46 Paul
47
48 ps. we should really make work of getting a good default license setup and
49 contacting these people about the licensing of the trademarks
50
51 --
52 Paul de Vrieze
53 Gentoo Developer
54 Mail: pauldv@g.o
55 Homepage: http://www.devrieze.net