[Foundation-l] Fair Use and Registered Trademarks

[Robert Scott Horning]

Ray Saintonge wrote:

> When the matter arises we need to analyse the situation in those 
> terms. Thus for the 1911 Encyclopedia Britannica:
>
> 1. We acknowledge that EB has a protectable trademark.
> 2. The reference to the name may seem "confusingly similar".
> 3..We are aware of the likelihood for confusion and deception, but we 
> can dispel this likelihood by a properly place disclaimer.
> 4. Like them we are in the encyclopedia business, and we continue to 
> show the Wikipedia is a completely different publication from theirs.  
> Our publication of the 1911 material is in a distinct project that is 
> still associated with Wikipedia, and is still a part of the Wikimedia 
> family. 5. We do our utmost to show that we are not in any way 
> "associated, affiliated, connected, approved, authorized or sponsored" 
> by EB.
> 6. We are prepared to negotiate with the trademark holders to insure 
> that no confusion arises.
>
> Being in Alexa's top 100 means that we are no longer a bit player.  
> Analyzing these situations like a bit player may not be effective.   
> When everybody goes to the track and bets the longshot they need to 
> realize that such a collective effort can turn the longshot into the 
> favorite.  I think that it's important that we become aware of our 
> effect on the marketplace.
>
> Ec

To this end, in regards to the 1911 Encyclopædia Britannica, I have 
created a specific disclaimer for this project:

http://wikisource.org/wiki/1911_Encyclop%C3%A6dia_Britannica%3AProject_Disclaimer

I feel a little awkward trying to write such a disclaimer, but I think it covers most of the points listed above.  The one thing that I may be going over the top on is claiming Wikimedia Foundation liability on trademark infringement.  It is not my intention to speak for the board, but rather note that legal issues about Wikimedia content should involve the board at some point.  What mechanism the board wants to have on that issue is beyond my call.

I'm certainly not going to make it easy for a lawyer to file a lawsuit against me, but at the same time I do want somebody to know that there is an organization behind these websites, and we take trademark infringement seriously... wheither we as a community inadvertantly do it or it is done against us.  It is also not our intention to pretend we are something that we are not.

-- 
Robert Scott Horning