On 02/02/2013 19:55, Michal Migurski wrote:
For what it's worth, I agree with Jeff and Paweł on this.
If OSMF is going to be a big, beautiful mess it should own that and publish the
C&D for everyone to see. Anarchists gonna anarchate.
If on the other hand we want strong leadership that can handle a trademark
dispute on its own, then we're missing a lot of what leadership is about: clear
communication, visible power structure, authority figures who can speak on
behalf of the organization, draw fire, and so on.
Does the board want to be a board?
-mike.
Heck, I'll step up to the board and reply on their behalf if they're all
too scared to do so. Publishing a Cease & Desist notice isn't illegal -
ChillingEffects should be evidence enough of this. It would be in the
best interests of demystifying this whole debacle if the notice was
published immediately, prominently and in full on the OSM web site.
Personally I also wonder as to the legal legitimacy of this C&D,
particularly when it emanates from America and is on behalf of an
American company whose CTM application was (as has been well noted)
refused in the EU on absolute grounds (the genericism of "geocode").
As far as I can see, Geocode Inc.'s request has absolutely no legal
weight in the EU. Personally I would have politely acknowledged receipt
of the original C&D, noted their request and replied with "we kindly
refer you to the reply given in the case of Arkell v. Pressdram."
This whole thing is quickly becoming borderline ridiculous. We should't
be afeared of some marauding American company with the mistaken belief
that they have exclusive rights to a term even outside of their trade
mark's jurisdiction. They can fly over here and pursue the matter in an
English court if it so concerns them.
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