Re: [steering-discuss] Re: trademark use request

2011-07-31 Thread Florian Effenberger

Hi,

Alexander Thurgood wrote on 2011-07-30 20:14:

Assuming that the TM_is_  actually registered in the name of TDF, then
yes, this is OK.


legally, the German association Freies Office Deutschland e.V. is the 
current trademark holder, as TDF doesn't exist as legal entity yet.


Florian

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Re: [steering-discuss] funding for system operations meeting

2011-07-31 Thread Florian Effenberger

Hi,

Norbert Thiebaud wrote on 2011-07-29 19:07:


I don't disagree that, based on the agenda and participants, it would
make more sens, but then why didn't you put the initial budget
proposal in front of the TDF SC rather than the 'German Association'
board ?


the initial funding was an offer by the German association, like we fund 
many other events in Germany, so there was initially no need to discuss 
it with the SC. However, after seeing that we need more money, and 
thinking about it again, I thought it made more sense to take all money 
from the TDF account, out of the reasons outlined.



(anyway, my quibbling was triggered by the notion that one should
translate German minutes of another association to be informed on what
is going on at TDF :-) )


No. :-) The problem is that FrODeV and TDF are legally the same entity, 
but both have their own topics on the agenda, which makes things a bit 
complicated until TDF is an own entity. :)


Florian

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[steering-discuss] Re: trademark use request

2011-07-31 Thread Alexander Thurgood
Le 31/07/11 10:21, Florian Effenberger a écrit :

Hi Florian,


 legally, the German association Freies Office Deutschland e.V. is the
 current trademark holder, as TDF doesn't exist as legal entity yet.

Ideally then, reference should be made to the FOD Verein and not to TDF.
Not mentioning the name of the rights holder at all opens the person who
publicises such a mark on their product to allegations of fraud,
trademark infringement, and false assertion of rights (jurisdiction
dependent as always of course), including via third parties (i.e. it
doesn't require TDF to take positive action). Trademark law can be a
real pain at times :-)). In general, this is relatively low risk stuff.

Alex


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Re: [steering-discuss] Re: trademark use request

2011-07-31 Thread Tom Davies
Hi :)
Thanks Alex.  It's always good to hear the legal fact rather than the rest of 
us 
just guessing at what seems reasonable.  Presumably the org has to be spelled 
out in full?  Can it say on behalf of TDF?  Something like  

The LibreOffice trademark is registered to Freies Office Deutschland Verein on 
behalf of The Document Foundation. ?

For some reason your post arrived in my inbox a long long time after it 
normally 
'should' have done.  I think it's my @#a! email client as it has happened to a 
few other posts too but i am still not happy with the idea of changing it.  

Apols and regards from
Tom :)





From: Alexander Thurgood alex.thurg...@gmail.com
To: steering-discuss@documentfoundation.org
Sent: Sun, 31 July, 2011 11:03:50
Subject: [steering-discuss] Re: trademark use request

Le 31/07/11 10:21, Florian Effenberger a écrit :

Hi Florian,


 legally, the German association Freies Office Deutschland e.V. is the
 current trademark holder, as TDF doesn't exist as legal entity yet.

Ideally then, reference should be made to the FOD Verein and not to TDF.
Not mentioning the name of the rights holder at all opens the person who
publicises such a mark on their product to allegations of fraud,
trademark infringement, and false assertion of rights (jurisdiction
dependent as always of course), including via third parties (i.e. it
doesn't require TDF to take positive action). Trademark law can be a
real pain at times :-)). In general, this is relatively low risk stuff.

Alex


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Re: [steering-discuss] Re: trademark use request

2011-07-31 Thread Florian Effenberger

Hi Alex,

Alexander Thurgood wrote on 2011-07-31 12:03:


Ideally then, reference should be made to the FOD Verein and not to TDF.
Not mentioning the name of the rights holder at all opens the person who
publicises such a mark on their product to allegations of fraud,
trademark infringement, and false assertion of rights (jurisdiction
dependent as always of course), including via third parties (i.e. it
doesn't require TDF to take positive action). Trademark law can be a
real pain at times :-)). In general, this is relatively low risk stuff.


hmmm... do I get it right that not mentioning any trademark protection 
is better than mentioning that a mark is protected, but not naming the 
registrant?


Florian

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Re: [steering-discuss] funding for system operations meeting

2011-07-31 Thread David Nelson
Hi,

I've no particular opinion about the funding, but I did regret having
missed the opportunity to have met the project's sysadmins, and I was
disappointed that it was a thing not decided with the knowledge and
possible involvement of the international community of web resource
contributors, but with only discussion between German members.

While I recognize that there are many German sysadmins in the project,
I do hope that it's not going to become a habit that things be
organized purely between them, because there are actually other people
working on webby things. Please do remember the spirit and intentions
of the Community Bylaws.

-- 
David Nelson

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