On 4/11/2018 9:23 AM, Strontium wrote: > On a practical note, the bigger the profile of KiCad gets, the more > likely some a-hole tries to trademark kicad out from under the project > for their own perceived benefit (Or just simply to be an a-hole). It > happens. > > So it's probably a good idea to get the trademark just to protect the > project from someone else taking it and then the trouble that causes.
This would be less of an issue if there was a legal entity for the KiCad project. For now, I'm fine with registering it under JP's name or CERN if JP isn't interested in having it under his name. > > Who pays for that, and who holds it is another question. But if it > happens, we should clearly define what's allowed and what's not. For > example, if you made a board in KiCad, is it allowed to put the KiCad > logo on the boards silkscreen? What if it's a commercial board, and not > open source? That sort of thing. As I mentioned to Hilary, I'm also fine with offsetting the registration costs with the proceeds from any merchandise sales. I don't think this is unreasonable. As for the KiCad logo on boards designed with KiCad, I personally don't have an issue with anyone adding our logo to their boards be they open or proprietary. It's free advertising either way. I doubt many proprietary boards will include any design tool logos. > > Steven > > On 11/04/18 19:51, Wayne Stambaugh wrote: >> Please take a look at the inquiry below that I received from CERN about >> using the KiCad logo for merchandising and trademark questions. I have >> included my response to the inquiry. Does anyone else have any >> objections or any knowledge of KiCad being a registered trademark? >> >> Cheers, >> >> Wayne >> >> -------- Forwarded Message -------- >> Subject: RE: Right to use KiCad name / logo >> Date: Mon, 9 Apr 2018 13:59:55 +0000 >> From: Hilary Nathan <hilary.nat...@cern.ch> >> To: Wayne Stambaugh <stambau...@gmail.com> >> CC: Javier Serrano <javier.serr...@cern.ch> >> >> Hi Wayne >> Many thanks for your prompt response. I will follow up with Javier and >> CERN's legal team to see what (if any) efforts have been made for TM >> protection of the KiCad name/logo. >> In the meantime, it would be great if you could contact the rest of the >> development team to receive their response to my queries. >> Best wishes >> Hilary >> >> >> -----Original Message----- >> From: Wayne Stambaugh <stambau...@gmail.com> Sent: 09 April 2018 15:48 >> To: Hilary Nathan <hilary.nat...@cern.ch> >> Cc: Javier Serrano <javier.serr...@cern.ch> >> Subject: Re: Right to use KiCad name / logo >> >> Hi Hilary, >> >> I personally do not have any issue with using the KiCad logo as long as >> the merchandising proceeds go to the KiCad project. I cannot speak for >> the entire development team but I'm reasonably sure they would feel the >> same way. I can ask on the developers mailing list if you prefer. >> >> I was under the impression the CERN was going to handle registering the >> KiCad trademark (at least in the EU) given some of the conversations I >> have had with Javier but I may have misunderstood. Perhaps we could use >> some of the proceeds to help defer the cost of getting KiCad trademarked >> at least in the US and EU. I do not believe there is any intent to >> trademark KiCad. We really don't have any legal entity to own the >> trademark so I suspect that is why it has not happened up to this point. >> I'm not sure how best to handle this. I am comfortable with CERN >> applying for the trademark as long as it is understood that the >> trademark belongs to the KiCad project. The other option may be to >> register it under the project founder's name (Jean-Pierre Charras). I >> am open to suggestion since legal matters are not my specialty. >> >> Cheers, >> >> Wayne >> >> On 4/9/2018 6:51 AM, Hilary Nathan wrote: >>> Dear Wayne >>> >>> >>> I joined CERN at the beginning of this year and have been in touch >>> with Chris Gammell from Analog Life LLC/Contextual Electronics about >>> how together we can increase awareness and funds for KiCad. Chris >>> already uses the KiCad name and logo on his community forum (and other >>> sites) to support KiCad, and sells KiCad-branded merchandise to raise >>> money for KiCad development. >>> >>> >>> Before CERN partners with Chris (and potentially others) in this kind >>> of activity, I wanted to check with you about trademark protection and >>> ability to use the KiCad name and logo. >>> >>> >>> As I understand, the licences for KiCad (program, documentation, >>> library and website) do not cover trademarks. I have searched >>> trademark data bases and KiCad is not listed as a protected mark. >>> >>> >>> Would you kindly advise: >>> >>> >>> 1. Whether there is any trademark protection for KiCad? >>> >>> 2. If so, what is the source of the protection, where is it >>> registered and who is the owner of the IP? >>> >>> 3. If not, are all interested parties (yourself and the other >>> authors; other contributors or sponsors) happy for CERN to use the >>> KiCad name and logo in a commercial manner (eg: merchandise) >>> independently or with other partners (such as Chris) with all profits >>> flowing back to the CERN & Society Foundation for KiCad development? >>> >>> 4. If not, do any interested parties (as identified above) >>> intend to apply trademark protection to the name/logo? >>> >>> >>> If it is easier, we can discuss by telephone when it's convenient for >>> you. >>> >>> >>> Your advice is much appreciated. >>> >>> >>> Best wishes >>> >>> Hilary >>> >>> >>> *Hilary Nathan* >>> >>> CERN & Society Foundation >>> >>> CERN International Relations >>> >>> >>> inst-CERN >>> >>> CERN - European Organization for Nuclear Research CH - 1211 Geneva 23, >>> Switzerland >>> >>> >>> Tel. +41 22 76 62159 >>> >>> http://www.cern.ch/giving >>> >>> >>> >>> /Sign up for the CERN & Society e-newsletter and stay up-to-date!/ >>> >>> /cern.ch/go/CSnews <https://t.co/JdInNbLSl8> /// >>> >>> >> _______________________________________________ >> Mailing list: https://launchpad.net/~kicad-developers >> Post to : email@example.com >> Unsubscribe : https://launchpad.net/~kicad-developers >> More help : https://help.launchpad.net/ListHelp >> > > > _______________________________________________ > Mailing list: https://launchpad.net/~kicad-developers > Post to : firstname.lastname@example.org > Unsubscribe : https://launchpad.net/~kicad-developers > More help : https://help.launchpad.net/ListHelp _______________________________________________ Mailing list: https://launchpad.net/~kicad-developers Post to : email@example.com Unsubscribe : https://launchpad.net/~kicad-developers More help : https://help.launchpad.net/ListHelp