[Foundation-l] Wikipedia trademark being used incorrectly

[Rich Holton]

--- Chitu Okoli <cokoli at jmsb.concordia.ca> wrote:

> My point is that I find it hard to understand what
> the problem is if people
> begin to use "Wikipedia" to mean any generic
> wiki-based encyclopedia. I
> think Wikipedia is popular enough that people would
> always come back to "the
> real Wikipedia" eventually. I think that the
> Wikipedia name being used in
> this way *helps* it in the long run, not harms it.
> Of course, I might be
> totally missing something here that is obvious to
> everyone else, so I'd
> appreciate people's comments.
> 
> 
> 3. Related to my previous point, I also think that
> the (TM) superscript is
> *semantically* ugly, if not aesthetically so,
> because of the corporate image
> it gives--so very un-free like. And I don't think
> chasing down violations of
> the trademark helps Wikipedia's image. I don't think
> it's necessary, if the
> Foundation has a legal registration in its pocket to
> pull out when it might
> really become necessary.
> 

If in fact we don't care if others are misusing our
trademark, then absolutely we should not add any
marking. But then we also should not complain (either
here or to the "offender") when it is misused.

I'm not 100% certain, but as I recall, brands such as
Kleenex, Coke, Q-Tips, etc. have very mixed feelings
(at best) about the generic use of their trademarks.
Why spend tons of money advertising your product when
someone will just as easily buy an equivalent? When I
go to pick up a box of Kleenex (read: facial tissue),
I have no particular brand in mind, and will likely
buy whatever fits my needs and is cheapest. Kleenex
has become meaningless as a trademark.

The real danger I see with not protecting our
trademark, even after it's registered, is the
likelihood that another "wikipedia" will do something
completely antithetical to our goals. Inevitably, some
people will then write off "wikipedias" and we will
suffer as a result. Not my idea of a good time.

If our problem is not wanting to "appear too
corporate", then we should just give up protecting our
trademark, and let whatever happen. 

To actually defend our trademark, by registering it
and by pursuing violators (however gently), and at the
same time keep it off the Wikipedia pages is, to my
mind, simple hypocrisy. A trademark should either
receive protection, or it should not. If it should,
then we should be open about doing it.

It also seems to me that trademarks are inherently
different from copyrights. By protecting our
trademark, we are not restraining information.
Actually, we're preserving information and encouraging
its distribution, by maintaining the real distinction
between this project and others. 

-Rich Holton


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