[Wikimedia-l] It's time to reclaim the community logo

Craig Franklin cfranklin at halonetwork.net
Wed Oct 9 10:31:35 UTC 2013


Hi All,

Just a quick thought: I'm disappointed by the way that both sides in this
dispute seem to have resorted to conducting a "debate via press release".
 I think the community expectation would be that rather than this weird
passive-aggressive way of communicating, that all parties would arrange a
phone hookup, and sit down to work out any common ground, and go forward
from there.

I think the community's clear expectation is that this should be settled if
possible without the assistance of lawyers, and all that requires is for
everyone to step back, be reasonable, and consider that the other side
might just have a legitimate reason for what they're doing beyond causing
trouble for the other.

Cheers,
Craig
(personal opinion only)



On 9 October 2013 16:13, James Alexander <jalexander at wikimedia.org> wrote:

> The legal team have provided some background on the hiring on Jones Day in
> this action. Here is their comment:
>
> https://meta.wikimedia.org/wiki/Talk:Community_Logo/Request_for_consultation#Legal_representation
>
> James Alexander
> Legal and Community Advocacy
> Wikimedia Foundation
> (415) 839-6885 x6716 @jamesofur
>
>
> On Tue, Oct 8, 2013 at 3:56 PM, <tomasz at twkozlowski.net> wrote:
>
> > Federico Leva (Nemo) wrote on September 26, 2013, 15:22 UTC:
> >
> >
> >  Trademark don't self-enforce, they are "enforceable" as long as someone
> >> believes to you when you use them as threat tools. So yes, I suppose
> they
> >> might.
> >>
> >
> > ... and given that the WMF just hired the infamous Jones Day bullies as
> > their representative before the OHIM to fight an opposition filled by
> their
> > own volunteers (me and Federico), I don't think it's an unfair view.
> >
> > I suggest that everyone interested in the subject read <
> > http://www.dmlp.org/blog/**2009/sam-bayard/thoughts-**
> > jones-day-blockshopper-**settlement<
> http://www.dmlp.org/blog/2009/sam-bayard/thoughts-jones-day-blockshopper-settlement
> >>
> > and related links for an overview of a 2009 Jones Day lawsuit against a
> > start-up company Blockshopper.com which Paul Levy called "a new a new
> entry
> > in the contest for grossest abuse of trademark law to suppress speech the
> > plaintiff doesn’t like".
> >
> > I'm aware that, being a party of the opposition, I shouldn't really
> > comment on the WMF's litigation tactics, but it still leaves me wonder
> > about the point of hiring, as some say, "one of the worst trademark
> abusers
> > in history", as their representative in this case.
> >
> >           Tomasz
> >
> >
> >
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