On Mon, Nov 24, 2008 at 4:40 PM, David Gerard <[EMAIL PROTECTED]> wrote: > 2008/11/24 Nathan <[EMAIL PROTECTED]>: > >> Whether something can be done from afar or not... Beria, Luiz and Porantim >> are entitled to have the discussion focus at least initially on the specific >> problem they point out. I suspect that there is very little that can be done >> - the Foundation, and ChapCom, have almost no control over the operations of >> any chapter. Even withdrawing permission to use the Wikimedia-related >> intellectual property (without prejudging the need for that in this case, of >> course) would need to be backed up in court in Brasil if a chapter refused >> to comply. > > > I understand that chapter agreements (certainly the WMUKv1 one) > usually include provision where either side can withdraw from the > trademark agreement with a few months' notice. Though of course if an > organisation wasn't happy with that provision being invoked they may > well be able to argue the point in court. >
Yeah and, what Nathan probably meant: If a chapter ignores a termination message and keeps using the trademark, we would need to obtain an injunction in *their* country. Now, I think the Wikipedia trademark is not even registered internationally yet (it isn't in Switzerland, so I suppose it isn't in that many other countries either), so we'd run into problems. As a matter of fact, the chapter could just register the trademark in the country and unless the foundation was willing to really put up a court fight to get the trademark back, they could just ignore the termination notice. Contracts are nice, but you also need be able to enforce them. Michael -- Michael Bimmler [EMAIL PROTECTED] _______________________________________________ foundation-l mailing list [email protected] Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/foundation-l
