I've just awarded a barnstarhttp://en.wikipedia.org/wiki/User_talk:EJSawyer#Precedent_Barnstarto an editor who contributed a key word to an article quoted by the Trademark Trial and Appeal Board in the case *In re Trek 2000*.
As it turns out, the TTAB allows references to Wikipedia, which I find to be insane. An IP attorney blogging about the decision gamely noted that "Wikipedia is available for posting a favorable entry regarding [trademarks]"!http://thettablog.blogspot.com/2010/12/precedential-no-43-ttab-reverses.html
Cool Hand Luke
Interestingly, here's a recent TTAB decision (albeit non-precedential) that was recently linked on WR, holding that a Wikipedia article may NOT generally be used to establish controverted facts in a registration proceeding:
http://ttabvue.uspto.gov/ttabvue/ttabvue-91188584-OPP-10.pdf
This is consistent with the weight of the (court) caselaw in the US. Judges sometimes cite Wikipedia articles for uncontroversial background information, but hold that they aren't admissible to establish disputed facts -- in large measure, simply relying on the on-wiki disclaimers.
Newyorkbrad
On Tue, Dec 28, 2010 at 10:15 PM, Cool Hand Luke < failure.to.communicate@gmail.com> wrote:
I've just awarded a barnstar< http://en.wikipedia.org/wiki/User_talk:EJSawyer#Precedent_Barnstar%3Eto an editor who contributed a key word to an article quoted by the Trademark Trial and Appeal Board in the case *In re Trek 2000*.
As it turns out, the TTAB allows references to Wikipedia, which I find to be insane. An IP attorney blogging about the decision gamely noted that "Wikipedia is available for posting a favorable entry regarding [trademarks]"!< http://thettablog.blogspot.com/2010/12/precedential-no-43-ttab-reverses.html
Cool Hand Luke _______________________________________________ WikiEN-l mailing list WikiEN-l@lists.wikimedia.org To unsubscribe from this mailing list, visit: https://lists.wikimedia.org/mailman/listinfo/wikien-l
Yeah, that's the trend in US District Courts. I was surprised to see a quote apparently helpful to the applicant without even a footnote for the proposition "oh, but it's Wikipedia."
Frank
On Wed, Dec 29, 2010 at 4:49 AM, Newyorkbrad newyorkbrad@gmail.com wrote:
Interestingly, here's a recent TTAB decision (albeit non-precedential) that was recently linked on WR, holding that a Wikipedia article may NOT generally be used to establish controverted facts in a registration proceeding:
http://ttabvue.uspto.gov/ttabvue/ttabvue-91188584-OPP-10.pdf
This is consistent with the weight of the (court) caselaw in the US. Judges sometimes cite Wikipedia articles for uncontroversial background information, but hold that they aren't admissible to establish disputed facts -- in large measure, simply relying on the on-wiki disclaimers.
Newyorkbrad
On Tue, Dec 28, 2010 at 10:15 PM, Cool Hand Luke < failure.to.communicate@gmail.com> wrote:
I've just awarded a barnstar< http://en.wikipedia.org/wiki/User_talk:EJSawyer#Precedent_Barnstar%3Eto an editor who contributed a key word to an article quoted by the Trademark Trial and Appeal Board in the case *In re Trek 2000*.
As it turns out, the TTAB allows references to Wikipedia, which I find to be insane. An IP attorney blogging about the decision gamely noted that "Wikipedia is available for posting a favorable entry regarding [trademarks]"!<
http://thettablog.blogspot.com/2010/12/precedential-no-43-ttab-reverses.html
Cool Hand Luke