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

[Alex R.]

From: "Erik Moeller" <erik_moeller at gmx.de>

> Using trademarks to restrain non-commercial activity is always wrong -- 

Sorry this is clearly cofused thinking. Trademarks can be used to restrain
the misattribution of non-commercial activity. Trademark infringment laws
do not restrain commerce, they prevent people from using the marks that
identify the product of another. If they remove the trademark there is
no restraint. Trademark law only restains the use of trademarks, nothing
else. Non commercial groups have just as much right to these things, take
the Olympics for example, should everyone be allowed to name a sports
competition after the Olympics? Allow that will make people very
confused. Ultimately it is about protecting the general public, more so
with nonprofits, than protecting proprietary interests..

> non-commercial groups are no real threat to us or our brand. If these
> Russians are actually making money off our brand, that is another matter.

They are posting links to porno web sites. Are they doing that for free?
Maybe all the Wikipedia's should do that, we might get more hits that
way! (just joking)

> But they registered the domain first, we have never registered a
> trademark, you don't even know if Russia allows unregistered trademarks,

It has nothing to do with trademark law in Russia. It is a domain name
registration that is covered by ICANN and WIPO. Let's stop talking about
trademarks it is not about that primarily.

> so it would be morally wrong and possibly illegal to threaten them for
> using our name. We can ask them nicely to point the domain to
ru.wikipedia.org.

This is also not true. You don't have to threaten them. Just bring a
complaint
with WIPO>

> But if they don't, that's about it. In any case, Jimbo
> needs to approve any actions that are taken.

That is true,  but one thing to keep in mind if you do nothing then
you are encouraging the name of Wikipedia to be associated with
click through links to pornographic web sites. Is that what an on line
encyclopedia wants? I thought Boomis was keeping pornography
and Wikipedia separate.

Alex756