http://www.golem.de/news/guadec15-open-source-software-braucht-markenrechte-1508-115661.html Published: 08/10/2015 08:37
The confrontation of Gnome with Groupon have shown the importance of trade mark rights for free software are, the body responsible for the matter attorney Pamela Chestek says on the Guadec. They called on the community to to exercise these rights much more frequently.
For many donors, Active and users must feel like a personal attack have felt, as the Gnome Foundation asked for support in trademark dispute against Groupon. Unlike the extreme visibility can be explained in this case in retrospect hardly. Groupon tried to secure a trademark Gnome for its POS system. Only after months of legal bickering and tough talks Groupon relented. For the lawyer Pamela Chestek the affair also shows the importance of the use of trade mark rights for free software. This they made it clear at this year Guadec.
Chestek specializes in copyright and trademark and has the Gnome Foundation represented in the dispute with Groupon pro bono. The former Red Hat employees has many years of experience in the area and with such litigation, and notes that in the case of Gnome nothing was exceptional.
At least from the perspective of an experienced corporate lawyer as Chestek is something actually often everyday. Nevertheless, this is a kind of precedent, said the expert. Should a company have been paid to the rights of open source communities received little attention, so now was not determined. The Community will defend themselves, have been shown.
Groupon was ill-prepared
The behavior of Groupon also showed that the company did poorly prepared or the lawyers would have the situation simply misjudged because they would probably not know the community. Chestek also been suggested that the choice of name and any litigation on the part of Groupon were clearly factored by the lawyers.
After all, is the usual procedure before signing a brand, to check any possible conflicts. It had the registered trademark of the GNOME Foundation have noticed. The other side had probably weighed that a counter is not to be expected by a non-profit organization in a very small niche, commented Chestek.
This is fully interpret out that Groupon during the period of non-public negotiations in the course of 2014 gradually finally 28 individual trademark applications have made with the name. The Gnome Foundation was only informed of existing facts. The obtaining opinions of the Foundation through Groupon have simply not taken place, although this was later illustrated.
No cost and unremitting efforts
The only way to be able to counter this behavior something that is for the open source community, according Chestek trademark law. Because the free licenses of the copyrighted code allowed for the Creator perceived as unpleasant behavior by third parties.
With a brand, this will not be prevented, but the reputation of the project will not cause damage, because in doubt another name must be chosen.
Therefore Chestek encourages you to use the trade mark rights even more by their own marks are applied, at least in Europe and the US. While this is with an organizational effort and thus also a cost, according to this Chestek worth well but in any case.
Small projects that shy away from this could also outsource, as to the Software Freedom Conservancy (SFC), which was established specifically for such tasks. This applies not only for the trademark, but also for the copyright, as shown by an alleged GPL violation by VMWare and the procedure against it. (Sg)
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