kicad-developers team mailing list archive

[jp charras <jp.charras@xxxxxxxxxx>]

Le 11/04/2018 à 15:46, Wayne Stambaugh a écrit :
> 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.
> 

I am fine to register Kicad under CERN.
(I am not especially interested in having it under my 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
>>>>
>>>> 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
>>>>
>>>>  
>>>>  
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>>>>
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>>>>

-- 
Jean-Pierre CHARRAS