Re: Answers to questions raised about registering the Debian Logo as our trademark

2013-06-12 Thread MJ Ray
Brian Gupta brian.gu...@brandorr.com
 I finally had a chance to discuss with our legal counsel, and have
 some answers to the questions raised in the discussion.

Thanks for this.  It covers all I remember.  One small question:

 3) Should we register in the US only or register internationally?
 A: Being as US registration is mandatory to extend internationally
 start with the US, and then later Debian can make a decision on
 international registration.

What's the source on that?  I thought I'd seen trademarks start in
other places and then extend internationally.

 4) What is the impact of registering in the US only?
 A: We would still only have Common law protection in those countries
 we don't register the logo. We'd gain no benefit in those
 jurisdictions, but it wouldn't hurt us either. [...]

Well, I've few US customers buying debian, it would probably be
allowed as honest description, and I'm not in the US anyway, so I
think I don't care too much about the US registration.

I still feel that this seems like a waste of project money (are many
infringers in the US anyway?) and potentially a blank cheque ($3347
plus maintenance and costs of enforcement necessary to prevent it
becoming generic), but I'd prefer those who are based and trading
significantly with the debian logo in the US to make the decision.

Shall I poll http://www.debian.org/consultants/#US or has someone?

Hope that explains,

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Re: Debating difficult development issues in essay form

2013-06-12 Thread Stefano Zacchiroli
On Sun, May 12, 2013 at 12:50:56PM +0100, Lars Wirzenius wrote:
  Technical hint: subpages syntax in Moin can be quite frustrating,
  especially for those who do not often edit Moin pages. It might be
  useful to have some sample (dangling) links for subpages pointing to
  alternative positions directly in the page template.
  
  (Of course I can implement the above changes myself in the wiki, but
  first I need to know if you agree with them or not :-))
 
 Please do that. I obviously failed to do it with the current wiki setup
 (the release essay is not a subpage of the Debate page, for example).

Sorry for the delay. I've now finished doing that: JessieReleaseProcess
is now a subpage of Debate, and AlwaysReleasableTesting a subpage of
JessieReleaseProcess, as recommended in /Debate. I've fixed all the
links I've found, but redirect pages are in place, so nothing should be
broken by the change. I've also created DebateTemplate, with the correct
syntax for subpages.

In the meantime, it seems that other users of /Debate have gone their
way, though :-), with the main essay residing in the debate page, rather
than in dedicated pages. This is a bit unfortunate, as it makes more
difficult to understand the positions at play, which should have one
essay per position, if I understand the approach you were trying to
propose properly.  I haven't attempted to fix that, though.

Hope this helps,
Cheers.
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Maître de conférences . . . . . http://upsilon.cc/zack . . . o . . . o o
Former Debian Project Leader  . . @zack on identi.ca . . o o o . . . o .
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Re: Debating difficult development issues in essay form

2013-06-12 Thread Lars Wirzenius
On Wed, Jun 12, 2013 at 04:03:59PM +0200, Stefano Zacchiroli wrote:
 Sorry for the delay. I've now finished doing that: JessieReleaseProcess
 is now a subpage of Debate, and AlwaysReleasableTesting a subpage of
 JessieReleaseProcess, as recommended in /Debate. I've fixed all the
 links I've found, but redirect pages are in place, so nothing should be
 broken by the change. I've also created DebateTemplate, with the correct
 syntax for subpages.

Thank you, Stefano.

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Re: Answers to questions raised about registering the Debian Logo as our trademark

2013-06-12 Thread Gunnar Wolf
MJ Ray dijo [Wed, Jun 12, 2013 at 11:49:09AM +0100]:
  I finally had a chance to discuss with our legal counsel, and have
  some answers to the questions raised in the discussion.
 
 Thanks for this.  It covers all I remember.  One small question:
 
  3) Should we register in the US only or register internationally?
  A: Being as US registration is mandatory to extend internationally
  start with the US, and then later Debian can make a decision on
  international registration.
 
 What's the source on that?  I thought I'd seen trademarks start in
 other places and then extend internationally.

From an online intellectual property course I took with WIPO
(translated from Spanish by me, so probably plagued by errors):

How is a trademark registered?

First of all, a registration request must be presented at the
corresponding national or regional trademark office. The request
must be filed together with a clear reproduction of the symbol(s)
to be registered, indicating colors, shapes or 3D
characteristics. The request must state also the list of products
or services that the symbol is intended to be applied to
(...)
What reach does the trademark protection have?

Practically all countries in the world register and protect
trademarks. National and regional offices maintain a Trademark
Registry where all the registration request's data are held,
facilitating the examination, search and eventual opposition
processes. Now, the effects for this registration are limited to
the country (or in the case of the regional registration,
countries) it deals with.

In order to avoid the need of registering on each national or
regional office, WIPO administers an international trademark
registration system. This system is based on two treaties, the
Madrid arrangement relative to the International Trademark
Registration, and the Madrid Protocol. People with relation (due
to nationality, residence or establishment) with a member State in
one or both of those instruments can, on thebase of a request on
this country's trademark office, obtain an international
registration effective in all or some of the Madrid Union
countries.

The key is in the last lines: The procedure to obtain an international
registration requires to reference the request for a national
registration as a first step.

I could not find it on my notes, but I am almost sure we were
mentioned a minimum time for a trademark to exist nationally before it
could be granted internationally.

 I still feel that this seems like a waste of project money (are many
 infringers in the US anyway?) and potentially a blank cheque ($3347
 plus maintenance and costs of enforcement necessary to prevent it
 becoming generic), but I'd prefer those who are based and trading
 significantly with the debian logo in the US to make the decision.

There is the precedent of the Linux trademark, which was obtained in
1997. For further details, please check:

  http://www.linuxjournal.com/article/2559


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