First I wanted to name this thread "How to spend the money", but I guess it's better to open Pandora's box bit by bit.
So what about registering Wikipedia (and also Wikimedia?) as a trademark? I think we can afford it now, and I also think it's important enough to do it. But in which countries? Maybe in those where the languages of the biggest five or ten Wikipedias are spoken?
If there is no reaction I consider this as approval and will organize the registration for Germany. It costs 300 Euro and lasts for 10 years.
Kurt
Kurt Jansson wrote:
So what about registering Wikipedia (and also Wikimedia?) as a trademark? I think we can afford it now, and I also think it's important enough to do it. But in which countries? Maybe in those where the languages of the biggest five or ten Wikipedias are spoken?
If there is no reaction I consider this as approval and will organize the registration for Germany. It costs 300 Euro and lasts for 10 years.
FWIW, it's $335 in the US, also for 10 years. However, I'm not sure I like the idea of spending our money in this way. At least in the US, registering a trademark is not necessary to claim trademark ownership: the only requirement is that you show use of the trademark. In fact, registering doesn't help you if you don't show use of the trademark, so that's the only requirement, registration or not. Really the only things registration gives you, at least in the US, are the ability to sue for punitive damages, and some procedural things (like petitioning to US customs to ban the importation of infringing foreign products). You can still do the normal "cease and desist" thing without a registered trademark.
Not that registering a trademark is completely worthless, but I think for what we're doing, simply using it is sufficient, and registration gives marginal additional benefits, so we can find better uses for $1k+.
-Mark
Delirium wrote:
FWIW, it's $335 in the US, also for 10 years. However, I'm not sure I like the idea of spending our money in this way. At least in the US, registering a trademark is not necessary to claim trademark ownership: the only requirement is that you show use of the trademark. In fact, registering doesn't help you if you don't show use of the trademark, so that's the only requirement, registration or not. Really the only things registration gives you, at least in the US, are the ability to sue for punitive damages, and some procedural things (like petitioning to US customs to ban the importation of infringing foreign products). You can still do the normal "cease and desist" thing without a registered trademark.
Not that registering a trademark is completely worthless, but I think for what we're doing, simply using it is sufficient, and registration gives marginal additional benefits, so we can find better uses for $1k+.
One of the biggest benefits is evidentiary. If both you and someone else try to use the same trademark, the registration is prima facie evidence that you used it when you did. For many small enterprises records are often deficient, and proving first use can be a problem.
Ec
On Thu, 2004-01-08 at 10:34, Delirium wrote:
Kurt Jansson wrote:
> So what about registering Wikipedia (and also Wikimedia?) as a > trademark? I think we can afford it now, and I also think it's > important enough to do it. But in which countries? Maybe in those > where the languages of the biggest five or ten Wikipedias are spoken? > > If there is no reaction I consider this as approval and will organize > the registration for Germany. It costs 300 Euro and lasts for 10 years.
FWIW, it's $335 in the US, also for 10 years. However, I'm not sure I like the idea of spending our money in this way. At least in the US, registering a trademark is not necessary to claim trademark ownership: the only requirement is that you show use of the trademark. In fact, registering doesn't help you if you don't show use of the trademark, so that's the only requirement, registration or not. Really the only things registration gives you, at least in the US, are the ability to sue for punitive damages, and some procedural things (like petitioning to US customs to ban the importation of infringing foreign products). You can still do the normal "cease and desist" thing without a registered trademark.
Not that registering a trademark is completely worthless, but I think for what we're doing, simply using it is sufficient, and registration gives marginal additional benefits, so we can find better uses for $1k+. -Mark
Just as a datapoint. In Finland trademarks registered within the European Union can register internet domains (private individuals can not yet do so, though the registration is about to liberalize somewhat soon), and are protected against cybersquatters claiming the selfsame domain, at least in some circumstances.
Jussi-Ville Heiskanen (aka Cimon Avaro)
I think we would be crazy not to register wikipedia. So much effort has gone into this project and the copyright/patent/trademark laws right now seem to be strange at best, and almost random. I think by not registering wikipedia we are taking a risk. ~seanchilders
urt Jansson wrote:
First I wanted to name this thread "How to spend the money", but I guess it's better to open Pandora's box bit by bit.
So what about registering Wikipedia (and also Wikimedia?) as a trademark? I think we can afford it now, and I also think it's important enough to do it. But in which countries? Maybe in those where the languages of the biggest five or ten Wikipedias are spoken?
If there is no reaction I consider this as approval and will organize the registration for Germany. It costs 300 Euro and lasts for 10 years.
Kurt
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