[Wikipedia-l] Wikipedia.ru & Wikimedia.de

[Daniel Mayer]

*cough* Wikilegal-l

Erik wrote:
>(Note that the name Wikipedia has neither a 
>TM nor an (R) next to it.) 

Just as copyright exists even in the absence of a (C) symbol, a TM is not 
needed to create a trademark. For a trademark to exist it has to be used for 
a specific purpose. We certainly use the "Wikipedia" name and, if needed, can 
even register it with whatever nation's trademark office we see fit. 

>Are we on solid enough legal ground with an 
>"unregistered trademark" to send nastygrams 
>to some guys in Russia? 

Nobody proposed sending nasty grams. We should, of course, exhaust all 
non-legal options before using the law to protect the Wikipedia brand name. 

>I highly doubt it...

Sorry, but you are clearly wrong on this point. 

>Trademarks are evil enough as it is.

No they aren't; the improper use of trademark law to beat others into 
submission after they (without malice and unknowingly) violated a trademark 
is the only thing that is evil here. I'm not suggesting we do that. I'm 
suggesting that we negotiate with the Wikipedia.ru people, simply state, as 
fact, what the law is and if and only if they refuse to budge then we can 
fall back on exercising our legal rights. 

The Wikipedia brand is a very important assest for Wikimedia; we should not 
stand idly by while others create confusion about what Wikipedia is and also 
drag our good name down into the gutter. 

-- Daniel Mayer (aka mav)