kicad-developers team mailing list archive

[Wayne Stambaugh <stambaughw@xxxxxxxxx>]

On 4/11/2018 10:06 AM, jp charras wrote:
> 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.)

I can understand that.  I just wanted to give you the first shot at it
since you started and gave KiCad it's 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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>>>>>
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>>>>>
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>>>>>
>>>>>  
>>>>>  
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>