Wikimedia Foundation loses trademark case against Wiki-Watch

[HRIP7]

Wikimedia verliert Markenrechtsstreit gegen Wiki-Watch

It seems the Wikimedia Foundation had taken German Wikipedia watchdog "Wiki-Watch" to court over their use of a puzzle globe logo:



Judges at the Federal Patent Court in Munich decided the Wiki-Watch globe was not confusingly similar to the Wikipedia globe.

[thekohser]

The WMF Legal team will have to add a construction paper teardrop to Rory's face.

Important work that Geoff Brigham's team is spending the donors' money to achieve!

[Kumioko]

I wonder how much the WMF sunk into legal fees and court costs, not to mention travel, to fight this. Anyone know?

[lilburne]

I wonder how much the WMF sunk into legal fees and court costs, not to mention travel, to fight this. Anyone know?

Well based on last years financial report, and the amount spent on travel, they probably shipped the whole SF office across. Programmers, janitors, and the fellow that brings the donuts each morning.

[Snowtrooper]

Definitely a big blow to the WMF, both in terms of finance and morale.

What I would like to ask is: Why, out of all of the websites that have logos similar to theirs, they choose a site that critiques Wikipedia?

I think everyone on this site can understand why.

[greybeard]

We briefly considered this when setting up WPO, but calmer heads prevailed ...

[Kumioko]

Maybe something similar but with Jimbo's head instead? Lol

[thekohser]

Clearly, the use of a globe in a brand logo is very rare, and the added effect of a puzzle-globe, absolutely unique!

[Konveyor Belt]

We briefly considered this when setting up WPO, but calmer heads prevailed ...

Indeed they must of, because that looks like it was made in 5 seconds with Photoshop.

[greybeard]

We briefly considered this when setting up WPO, but calmer heads prevailed ...

Indeed they must of, because that looks like it was made in 5 seconds with Photoshop.

Which is more-or-less true. If we'd gone in that direction, I suppose it would have been improved. I think there were some other contenders, but I can't find any of them in my scattered archives.

[EricBarbour]

crossbonesjimbo.png

[HRIP7]

We briefly considered this when setting up WPO, but calmer heads prevailed ...

Indeed they must of, because that looks like it was made in 5 seconds with Photoshop.

Care to mentally revisit your spelling here?

[Zoloft]

We briefly considered this when setting up WPO, but calmer heads prevailed ...

Indeed they must of, because that looks like it was made in 5 seconds with Photoshop.

Care to mentally revisit your spelling here?

I made a version with an eye patch. It looked even suckier.
All in all, I think the free-font, upsidedown W was a wise choice.

[EricBarbour]

Mebbe the WMF will sue these cartoonists next?

http://www.pidjin.net/2014/10/23/one-night-in-wiki/

[Tippi Hadron]

Mebbe the WMF will sue these cartoonists next?

http://www.pidjin.net/2014/10/23/one-night-in-wiki/

Or this guy?

[HRIP7]

Or this guy?

Good find, Tippi.

[Peryglus]

I wonder how much the WMF sunk into legal fees and court costs, not to mention travel, to fight this. Anyone know?

Well based on last years financial report, and the amount spent on travel, they probably shipped the whole SF office across. Programmers, janitors, and the fellow that brings the donuts each morning.

Is this kind of thing (court case, travel, legal fees) paid for by the random people who click on the fundraising banners that Jimbo's face pleading at you? If so, the mainstream media would likely be rather interested, as donators think they're financially contributing to the "sum of human knowledge" when it's actually some petty trademark thing.

It's like MPs' extortionate expenses being paid for by the taxpayer but no one appears to be bothered.

[lilburne]

OTOH getting Erik and his programming teams out of the office and across to Germany for a few weeks could be a net financial gain.

Look we were going to be paying them anyway, but at least they aren't adding to maintenance problem.

[eagle]

If the WMF and its attorneys were really trying to resolve the problem, I suspect that they could have easily negotiated with Wiki Watch to add a disclaimer that Wiki Watch was not affiliated with Wikipedia or the WMF. I wonder why the trademark claim reached the litigation level.

[Snowtrooper]

If the WMF and its attorneys were really trying to resolve the problem, I suspect that they could have easily negotiated with Wiki Watch to add a disclaimer that Wiki Watch was not affiliated with Wikipedia or the WMF. I wonder why the trademark claim reached the litigation level.

Because German Wikipedia is largely anti-Foundation, and so they feel a need to silence some of their critics.

[mac]

The WMF Legal team will have to add a construction paper teardrop to Rory's face.

Important work that Geoff Brigham's team is spending the donors' money to achieve!

Is it a coincidence that the WMF's legal mascot's image was deleted from Commons because of copyright concerns? Not to worry, though! The Foundation website still hosts the file, and has released it (along with the intellectual property of the Children's Television Workshop) under a free license.

[thekohser]

The WMF Legal team will have to add a construction paper teardrop to Rory's face.

Important work that Geoff Brigham's team is spending the donors' money to achieve!

Is it a coincidence that the WMF's legal mascot's image was deleted from Commons because of copyright concerns? Not to worry, though! The Foundation website still hosts the file, and has released it (along with the intellectual property of the Children's Television Workshop) under a free license.

Do I have this straight? The Rory photo was put up for deletion on Commons on 3 June 2013. Odder then uploads it to WikimediaFoundation.org on 14 June 2013; and then exactly 2 minutes later deletes it from Commons.

We should do our version of the "monkey selfie mocking" that was done at Wikimania. Get snapshots of ourselves next to a placard of Rory's Cookie Monster slippers, then sell the photos online. When we're directed by Children's Television Workshop to cease and desist, we'll point them to the WMF.

[thekohser]

WMF tail is tucked firmly between their legs, it would seem.

[Randy from Boise]

WMF tail is tucked firmly between their legs, it would seem.

See: Declaring victory and going home. linkhttp://www.huffingtonpost.com/rory-ocon ... 48745.html[/link]

RfB

[EricBarbour]

WMF tail is tucked firmly between their legs, it would seem.

Weren't there some lawsuits involving "unauthorized" use of WMF logos, other than the German Wikipedia/Wiki-Watch and Monmouthpedia cases?

[greybeard]

WMF tail is tucked firmly between their legs, it would seem.

Quite the contrary. They are "licensing" the logos and marks under CC-BY-SA, which requires attribution, and they additionally demand adherence to the "Wikimedia Trademark Policy. Remember that trademarks are not copyrights. That policy states (in part):

Prohibited uses

5.1. Misleading mirrors and mimicking sites
Please do not create a website that mimics the "look and feel" of a Wikimedia site. This especially applies to imitated Wikipedia articles. If you have a good reason to create a mimicking site, please contact us at trademarks@wikimedia.org.

You do not need to contact us if you just want to use the MediaWiki software to create a wiki or if your mimicking site is clearly a parody.

If you create a mirror, make sure to comply with the relevant licenses for the content. Avoid copying links to Wikimedia policies and contact details. Please do not use the Wikimedia marks in a mirror of a Wikimedia site.

5.2 Linking to non-Wikimedia sites
You may use Wikimedia marks to link to Wikimedia sites only. Please refer to Links to Wikimedia sites if you want to link to a Wikimedia site from your website.

5.3 Misrepresentation
When you use a Wikimedia mark under this policy, please use it to represent only the project for which it stands. Please do not create the impression that your use is in any way endorsed, sponsored by, or is part of the Wikimedia Foundation. This section also applies when you are granted a license to use a mark that doesn't permit you to suggest such an endorsement.

Indeed, I think they are trying to forestall another similar incident through clarification of their policy.

[thekohser]

I was being snarky, not to be taken literally.