Re: [kde-community] Trademark clause in the Manifesto
On Tuesday, July 28, 2015 20:36:45 Boudewijn Rempt wrote: On Tue, 28 Jul 2015, Thiago Macieira wrote: On Tuesday 28 July 2015 09:37:40 Boudewijn Rempt wrote: I don't think it says that, but I also don't think that it can work like this. If I disappear or disband the Krita Foundation (which owns the trademark), then how would this transfer be implemented? It's probably something that will be specific for each situation, but as it is, I'm totally unsure how this is supposed to work in practice. Another aspect is to consider the difference between a registered trademark and a non-registered one. Registered trademarks ® are regulated Intellectual Property, for which one pays a fee and has rights and duties. It can only be ceded through a proper contract. I'm not sure a verbal contract or the manifesto would serve, here. Right, that's an important distinction. I'm only concerned with the registered trademark here -- the piece of grey recycled paper I paid 2000 euros for I'd be concerned with either, because also migration of projects with non- registered (or rather, not yet registered) trademarks have been an issue in the past. -- sebas Sebastian Kügler|http://vizZzion.org| http://kde.org ___ kde-community mailing list kde-community@kde.org https://mail.kde.org/mailman/listinfo/kde-community
[kde-community] Trademark clause in the Manifesto
Hi, I had a long discussion with Clemens yesterday after the Evolve BoF session about the trademark clause in the commitments page linked from our manifesto, and I'm not sure we don't actually do have a problem here. This is the text: If the authors of the software abandon it or disappear, they agree to transfer the trademark to the next maintainer Clemens originally interpreted this to mean that on joining KDE a project has to transfer the trademarks to KDE e.V. and that on leaving KDE (which could happen...) the project maintainer loses the brand associated with the project. I don't think it says that, but I also don't think that it can work like this. If I disappear or disband the Krita Foundation (which owns the trademark), then how would this transfer be implemented? It's probably something that will be specific for each situation, but as it is, I'm totally unsure how this is supposed to work in practice. Boudewijn ___ kde-community mailing list kde-community@kde.org https://mail.kde.org/mailman/listinfo/kde-community
Re: [kde-community] Trademark clause in the Manifesto
On Tuesday 28 July 2015 09:37:40 Boudewijn Rempt wrote: I don't think it says that, but I also don't think that it can work like this. If I disappear or disband the Krita Foundation (which owns the trademark), then how would this transfer be implemented? It's probably something that will be specific for each situation, but as it is, I'm totally unsure how this is supposed to work in practice. Another aspect is to consider the difference between a registered trademark and a non-registered one. Registered trademarks ® are regulated Intellectual Property, for which one pays a fee and has rights and duties. It can only be ceded through a proper contract. I'm not sure a verbal contract or the manifesto would serve, here. A non-registered trademark ™ is just anything you claim as an identifying mark. -- Thiago Macieira - thiago (AT) macieira.info - thiago (AT) kde.org Software Architect - Intel Open Source Technology Center PGP/GPG: 0x6EF45358; fingerprint: E067 918B B660 DBD1 105C 966C 33F5 F005 6EF4 5358 ___ kde-community mailing list kde-community@kde.org https://mail.kde.org/mailman/listinfo/kde-community
Re: [kde-community] Trademark clause in the Manifesto
On Tue, 28 Jul 2015, Thiago Macieira wrote: On Tuesday 28 July 2015 09:37:40 Boudewijn Rempt wrote: I don't think it says that, but I also don't think that it can work like this. If I disappear or disband the Krita Foundation (which owns the trademark), then how would this transfer be implemented? It's probably something that will be specific for each situation, but as it is, I'm totally unsure how this is supposed to work in practice. Another aspect is to consider the difference between a registered trademark and a non-registered one. Registered trademarks ® are regulated Intellectual Property, for which one pays a fee and has rights and duties. It can only be ceded through a proper contract. I'm not sure a verbal contract or the manifesto would serve, here. Right, that's an important distinction. I'm only concerned with the registered trademark here -- the piece of grey recycled paper I paid 2000 euros for :-) A non-registered trademark ™ is just anything you claim as an identifying mark. -- Thiago Macieira - thiago (AT) macieira.info - thiago (AT) kde.org Software Architect - Intel Open Source Technology Center PGP/GPG: 0x6EF45358; fingerprint: E067 918B B660 DBD1 105C 966C 33F5 F005 6EF4 5358 ___ kde-community mailing list kde-community@kde.org https://mail.kde.org/mailman/listinfo/kde-community___ kde-community mailing list kde-community@kde.org https://mail.kde.org/mailman/listinfo/kde-community
Re: [kde-community] Trademark clause in the Manifesto
On Tue, 28 Jul 2015, Jonathan Riddell wrote: On Tue, Jul 28, 2015 at 09:37:40AM +0200, Boudewijn Rempt wrote: If the authors of the software abandon it or disappear, they agree to transfer the trademark to the next maintainer How about: If the project maintainer leaves KDE they agree to transfer the trademark to KDE e.V. or the new maintainers (or remove the project from KDE). I'm not sure it's the actual formulation that gives me problems (though clarification would be good), but the actual legal implementation. Boudewijn ___ kde-community mailing list kde-community@kde.org https://mail.kde.org/mailman/listinfo/kde-community
Re: [kde-community] Trademark clause in the Manifesto
Hello, Out of interest, whose money would be used to defend a trademark dispute? Kind regards, David. On 28 Jul 2015 20:38, Boudewijn Rempt b...@valdyas.org wrote: On Tue, 28 Jul 2015, Jonathan Riddell wrote: On Tue, Jul 28, 2015 at 09:37:40AM +0200, Boudewijn Rempt wrote: If the authors of the software abandon it or disappear, they agree to transfer the trademark to the next maintainer How about: If the project maintainer leaves KDE they agree to transfer the trademark to KDE e.V. or the new maintainers (or remove the project from KDE). I'm not sure it's the actual formulation that gives me problems (though clarification would be good), but the actual legal implementation. Boudewijn ___ kde-community mailing list kde-community@kde.org https://mail.kde.org/mailman/listinfo/kde-community ___ kde-community mailing list kde-community@kde.org https://mail.kde.org/mailman/listinfo/kde-community
