In the draft trademark policy, we learn that «This policy applies to all trademarks of the Wikimedia Foundation. [...] One example is the specific design and appearance of a Wikipedia article, or the Wikipedia main page. The trade dress of any Wikimedia site is also a trademark of the Wikimedia Foundation.» https://meta.wikimedia.org/wiki/Trademark_policy#FAQ-tradedress
Has someone got explicit confirmation that this wording can't possibly ever mean that a ZIM/Kiwix dump reproducing "the specific design and appearance of a Wikipedia article" could theoretically be subject to a trademark authorisation?
Nemo
I believe our TM filings are public records. Is there a list of these anywhere?
SJ
On Mon, Jan 20, 2014 at 4:45 PM, Federico Leva (Nemo) nemowiki@gmail.comwrote:
In the draft trademark policy, we learn that «This policy applies to all trademarks of the Wikimedia Foundation. [...] One example is the specific design and appearance of a Wikipedia article, or the Wikipedia main page. The trade dress of any Wikimedia site is also a trademark of the Wikimedia Foundation.» https://meta.wikimedia.org/wiki/Trademark_policy#FAQ-tradedress
Has someone got explicit confirmation that this wording can't possibly ever mean that a ZIM/Kiwix dump reproducing "the specific design and appearance of a Wikipedia article" could theoretically be subject to a trademark authorisation?
Nemo
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Samuel Klein, 21/01/2014 08:27:
I believe our TM filings are public records. Is there a list of these anywhere?
The draft claims the policy will apply to both registered and unregistered trademarks. The "trade dress" category in which they include the "look and feel" (including the skin?) and the appearance of articles falls in the unregistered trademarks category, so it's impossible to check.
Nemo
This wording must be slipped in erroneously as it would contradict the educational mission. Which means to distribute as easy and far as possible, unrestricted except the conditions specified on the licenses? And it even contradicts the license imo.
Rupert Am 21.01.2014 09:28 schrieb "Federico Leva (Nemo)" nemowiki@gmail.com:
Samuel Klein, 21/01/2014 08:27:
I believe our TM filings are public records. Is there a list of these anywhere?
The draft claims the policy will apply to both registered and unregistered trademarks. The "trade dress" category in which they include the "look and feel" (including the skin?) and the appearance of articles falls in the unregistered trademarks category, so it's impossible to check.
Nemo
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rupert THURNER, 21/01/2014 19:52:
This wording must be slipped in erroneously as it would contradict the educational mission. Which means to distribute as easy and far as possible, unrestricted except the conditions specified on the licenses? And it even contradicts the license imo.
I didn't see an explanation, but I assume the purpose is to forbid (live, misleading) mirrors. The line between those and legitimate mirrors/distributions is necessarily thin: I don't know what are the exact effects of such a provisions, maybe I missed some discussion somewhere and someone on this list can point it out.
Nemo