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Re: Fwd: Right to use KiCad name / logo

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On a practical note, the bigger the profile of KiCad gets, the more likely some a-hole tries to trademark kicad out from under the project for their own perceived benefit (Or just simply to be an a-hole).  It happens.
So it's probably a good idea to get the trademark just to protect the project from someone else taking it and then the trouble that causes.
Who pays for that, and who holds it is another question.  But if it happens,  we should clearly define what's allowed and what's not.  For example, if you made a board in KiCad, is it allowed to put the KiCad logo on the boards silkscreen?  What if it's a commercial board, and not open source?  That sort of thing. 

Steven

On 11/04/18 19:51, Wayne Stambaugh wrote:

Please take a look at the inquiry below that I received from CERN about
using the KiCad logo for merchandising and trademark questions.  I have
included my response to the inquiry.  Does anyone else have any
objections or any knowledge of KiCad being a registered trademark?

Cheers,

Wayne

-------- Forwarded Message --------
Subject: RE: Right to use KiCad name / logo
Date: Mon, 9 Apr 2018 13:59:55 +0000
From: Hilary Nathan <hilary.nathan@xxxxxxx>
To: Wayne Stambaugh <stambaughw@xxxxxxxxx>
CC: Javier Serrano <Javier.Serrano@xxxxxxx>

Hi Wayne
Many thanks for your prompt response.  I will follow up with Javier and
CERN's legal team to see what (if any) efforts have been made for TM
protection of the KiCad name/logo.
In the meantime, it would be great if you could contact the rest of the
development team to receive their response to my queries.
Best wishes
Hilary


-----Original Message-----
From: Wayne Stambaugh <stambaughw@xxxxxxxxx> Sent: 09 April 2018 15:48
To: Hilary Nathan <hilary.nathan@xxxxxxx>
Cc: Javier Serrano <Javier.Serrano@xxxxxxx>
Subject: Re: Right to use KiCad name / logo

Hi Hilary,

I personally do not have any issue with using the KiCad logo as long as
the merchandising proceeds go to the KiCad project.  I cannot speak for
the entire development team but I'm reasonably sure they would feel the
same way.  I can ask on the developers mailing list if you prefer.

I was under the impression the CERN was going to handle registering the
KiCad trademark (at least in the EU) given some of the conversations I
have had with Javier but I may have misunderstood.  Perhaps we could use
some of the proceeds to help defer the cost of getting KiCad trademarked
at least in the US and EU.  I do not believe there is any intent to
trademark KiCad.  We really don't have any legal entity to own the
trademark so I suspect that is why it has not happened up to this point.
  I'm not sure how best to handle this.  I am comfortable with CERN
applying for the trademark as long as it is understood that the
trademark belongs to the KiCad project.  The other option may be to
register it under the project founder's name (Jean-Pierre Charras).  I
am open to suggestion since legal matters are not my specialty.

Cheers,

Wayne

On 4/9/2018 6:51 AM, Hilary Nathan wrote:

Dear Wayne


I joined CERN at the beginning of this year and have been in touch
with Chris Gammell from Analog Life LLC/Contextual Electronics about
how together we can increase awareness and funds for KiCad.  Chris
already uses the KiCad name and logo on his community forum (and other
sites) to support KiCad, and sells KiCad-branded merchandise to raise
money for KiCad development.


Before CERN partners with Chris (and potentially others) in this kind
of activity, I wanted to check with you about trademark protection and
ability to use the KiCad name and logo.


As I understand, the licences for KiCad (program, documentation,
library and website) do not cover trademarks.  I have searched
trademark data bases and KiCad is not listed as a protected mark.


Would you kindly advise:


1.       Whether there is any trademark protection for KiCad?

2.       If so, what is the source of the protection, where is it
registered and who is the owner of the IP?

3.       If not, are all interested parties (yourself and the other
authors; other contributors or sponsors) happy for CERN to use the
KiCad name and logo in a commercial manner (eg: merchandise)
independently or with other partners (such as Chris) with all profits
flowing back to the CERN & Society Foundation for KiCad development?

4.       If not, do any interested parties (as identified above)
intend to apply trademark protection to the name/logo?


If it is easier, we can discuss by telephone when it's convenient for you.


Your advice is much appreciated.


Best wishes

Hilary


*Hilary Nathan*

CERN & Society Foundation

CERN International Relations


inst-CERN

CERN - European Organization for Nuclear Research CH - 1211 Geneva 23,
Switzerland


Tel. +41 22 76 62159

http://www.cern.ch/giving


/Sign up for the CERN & Society e-newsletter and stay up-to-date!/

/cern.ch/go/CSnews  <https://t.co/JdInNbLSl8> ///


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