kicad-developers team mailing list archive

[Wayne Stambaugh <stambaughw@xxxxxxxxx>]

On 4/11/2018 9:23 AM, Strontium wrote:
> 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.

This would be less of an issue if there was a legal entity for the KiCad
project.  For now, I'm fine with registering it under JP's name or CERN
if JP isn't interested in having it under his name.

> 
> 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.

As I mentioned to Hilary, I'm also fine with offsetting the registration
costs with the proceeds from any merchandise sales.  I don't think this
is unreasonable.

As for the KiCad logo on boards designed with KiCad, I personally don't
have an issue with anyone adding our logo to their boards be they open
or proprietary.  It's free advertising either way.  I doubt many
proprietary boards will include any design tool logos.

> 
> 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
>>>
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>>>
>>>  
>>> inst-CERN
>>>
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>>> Switzerland
>>>
>>>  
>>> Tel. +41 22 76 62159
>>>
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>>>
>>>  
>>>  
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