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

[Alex R.]

From: "Toby Bartels" <toby+wikipedia at math.ucr.edu>
> 
> I agree.  But are we defeding the name properly?
> It seems to me that we ought to stick up a "TM" (or "SM"?) posthaste!
> IANAL either, so let's hope that Alex speaks up.

I mentioned it before, but it is not really necessary. TM or SM only
gives notice in some places that the sign functions as a trademark.
Using the circled R is illegal unless registered. The trademark functions
through usage. Wikipedia is associated with a certain wiki project
that rests on Boomis servers with the permission of Jimmy Wales.
It has been publicised in major media outlets around the world.
That is what gives it protection. If Shri Chinmoy can shut down
web sites that use his name (though there was a free speech 
argument and the woman who had those sites decided not to fight
him, she might have won on those grounds) why can't Wikipedia
protect its good name.

> I suppose that if we fail to defend "Wikimedia" from wikimedia.de,
> then we'll lose the right to defend it from other random wikis;

Maybe rather than defend, just enter into a licensing agreement with
them. They can use the Wikipedia logo if certain conditions are met.
If they agree the contract will bolster the argument that the Wikipedia
name and logo are trademarks. I'd also offer the same agreement to
the Russian guys, but they might not take it because they may say,
"Go ahead you Americans, take us Russian Capitalists to court!
We don't care!" (Who won the Cold War?)

> but we won't lose the right to defend it from other /encyclopaedias/.
> OTOH, since wikimedia.ru is a wiki encyclopaedia, it's all or nothing.
> But here I'm thinking logically, rather than legally, to hypothesise;
> so take it with a big grain of salt.

Tryng suing for trademark infringment in Russian court. You are going
to need an expensive set of lawyers to do that. I don't know any
western lawyers who do pro bono litigation in Moscow for American
non-profits, but there is not really any need to sue.

> 
> I agree.  Remember when Prema Toys sued a 12-year-old kid named "Pokey"
> over <pokey.org>?  (They dropped legal action after bad publicity.)

Those days are long gone. That is why they have domain name resolution
procedures. It is all done through the mail. (though you can go to the
hearing). Most likely the decision will be written in Russian and English
so that both sides can understand the outcome (don't quote me on that).

Alex756