Re: opie trademark

Lorn Potter <[email protected]> Thu, 31 May 2007 13:36:58 +1000
Newsgroups gmane.comp.handhelds.opie
Message-ID <[email protected]>
On Thursday 31 May 2007 11:49, George France wrote:
> Hello Everad,
>
> The objective of the Handhelds.org, Inc.’s (Handhelds.org) trademark policy
> is to encourage widespread use of the Handhelds.org trademarks by the
> Handhelds.org community while controlling that use in order to avoid
> confusion on the part of Handhelds.org users and the general public, to
> maintain the value of the image and reputation of the trademarks and to
> protect them from inappropriate or unauthorized use.

except those trademarks are actually owned by  those projects being HOSTED by 
handhelds.org, which you had no right to try and register. NOT by 
handhelds.org inc.


>
> Please see the trademark usage policy:
> 	http://www.handhelds.org/moin/moin.cgi/TrademarkPolicy
>
> I am not a lawyer, but it is my understanding the "opie" trademark has
> always been legal.  Just like when you copyright a work, it does not have
> to registered with the US Copyright Office to be valid.
>
> The trademarks were registered on advise of legal counsel to give more
> public notice, make them easier to defend and make them more consistant
> with the international community (in many countries only registered marks
> are valid).

public notice should have been given to those projects effected, prior to your 
submitting them for registration.

see my previous posts about the hosting part.

>
> From my point of view, the trademark policy has worked well.  It has
> stopped one self declared leader from using the opie trademark with out the
> community consensus.

oh, you mean me?

You speak of me as if  I am not a member of handhelds.org for the last 5 years 
and that I am not here.

Actually, your policy failed miserably. It has pissed off _many_ opie 
developers, many of whom are not vocal publically, which are scrambling and 
thinking WTF is handhelds.org thinking?
 It has generated bad publicity and feelings for handhelds.org and those 
involved.


A consensus _was_ reached. Had you even done some research about the subject, 
you would have found at least the right people to consent.

You could have at least sent an email asking the people who's copyright exists 
in Opie about whom actually owns "Opie" and whether or not we want a 
registered trademark..


>
> I am surprised that nobody has asked what would happen if there was an opie
> community consensus on this issue and the above reference policy was
> followed. The odds are extremely high that  a license would be granted.

see above.
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