One of the responsibilities of boards like ours is to anticipate the evolution of key foundations' assets; logos, trademarks, domain names etc. As you are well aware, trademarks, branding etc. in the open source/nonprofit space have different dynamics and value than in commercial markets. OIDF members understand better than most the significance of identification and reputation, which are the essence of trademarks. We are beginning to make a significant investment in aligning the OIDF with trademarks best practices in the open source community. The board's decision earlier this year to retain a "general counsel" allows for the consistent execution and cost efficiency to effectively engage with interested community members in the US and overseas. We are now updating the relevant registry data and have scoped a limited action plan. The initial goal is to meet a minimum "fiduciary" threshold. This goes beyond policy publishing legalities. It has practical and positive impacts on OpenID adoption efforts beyond the US and enables future defense, enforcement and certification mark options. For example, trademark registrations require maintenance. Failure to properly notice and enforce trademarks can result in their becoming unprotected generic terms. OIDF will consider how best to manage its trademark policy and enforcement over time.
OIDF Counsel KL Gates will contact all known third-party registrants and propose an action plan to "clean-up third-party registrations" in the US, EU and support Nat Sakimura's efforts in Japan. Past work with Snorri Giorgetti and OpenID.org are examples of our near term focus. It is unlikely we will negotiate or litigate with third party registrants of related trademarks or domains. We plan to rely on our persuasion not our pocketbook. Some registrants include current and past community and board members. KLG has drafted a trademark policy largely based on Mozilla's and OSGI's policy. This will be presented for board approval. This limited effort results in significant, unbudgeted, one time legal expenses accounted for in the midyear budget planning. We are managing legal expenses closely. This work keeps the foundation pacing the progress and promise of OpenID. It is required to manage the life cycle of foundation. Our thanks to the leadership of Board members, Dave Recordon, Chris Messina and Nat Sakimura who have contributed their time and expertise to the Trademark Committee. This is a good time to get involved if you or your company has concerns or questions please contact me or the committee. Don Thibeau The OpenID Foundation <http://openid.net/> http://openid.net
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