use of wikipedia's globe on non wikimedia's wikis?

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use of wikipedia's globe on non wikimedia's wikis?

Pedro Sanchez-2
I just ran into
http://www.mips.pd2h.net/index.php/Mipsicismo
whose logo is a derivative work of wikipedia's.

I bet that's not appoved by foundation. What is to be done now? is
this the right channel to notify?

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Re: use of wikipedia's globe on non wikimedia's wikis?

Przykuta
Heh, and what about licence of Campbell's soup? ;)

http://en.wikipedia.org/wiki/Image:Warhol-Campbell_Soup-1-screenprint-1968.jpg

BTW - Do you know artists, who want to do "License Performance" ? I have an idea.... ;)

przykuta

Dnia 11 września 2007 18:53 "Pedro Sanchez" <[hidden email]> napisał(a):

> I just ran into
> http://www.mips.pd2h.net/index.php/Mipsicismo
> whose logo is a derivative work of wikipedia's.
>
> I bet that's not appoved by foundation. What is to be done now? is
> this the right channel to notify?
>
> _______________________________________________
> foundation-l mailing list
> [hidden email]
> http://lists.wikimedia.org/mailman/listinfo/foundation-l
>

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Re: use of wikipedia's globe on non wikimedia's wikis?

Michael Bimmler
In reply to this post by Pedro Sanchez-2
On 9/11/07, Pedro Sanchez <[hidden email]> wrote:
> I just ran into
> http://www.mips.pd2h.net/index.php/Mipsicismo
> whose logo is a derivative work of wikipedia's.
>
> I bet that's not appoved by foundation. What is to be done now? is
> this the right channel to notify?
>
Contact Mike Godwin, the WMF Legal Coordinator at mgodwin at wikimedia dot org

Michael

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> http://lists.wikimedia.org/mailman/listinfo/foundation-l
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Re: use of wikipedia's globe on non wikimedia's wikis?

Ayelie (Editor at Large)
In reply to this post by Pedro Sanchez-2
On 9/11/07, Pedro Sanchez <[hidden email]> wrote:
>
> I just ran into
> http://www.mips.pd2h.net/index.php/Mipsicismo
> whose logo is a derivative work of wikipedia's.
>
> I bet that's not appoved by foundation. What is to be done now? is
> this the right channel to notify?



http://www.wikiality.com/Main_Page

That's been up for quite a while, is very popular, and Jimbo was on his show
several times and Colbert mentioned the site. I presume various wikipedians
- probably including Jimbo - have visited there.... whether or not the issue
of their logo being a derivative of ours has been brought up or not I don't
know.

--
Ayelie
  ~Editor at Large
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Re: use of wikipedia's globe on non wikimedia's wikis?

White Cat
Usage of Wikimedia logos without foundation approval is simply "fair-use"
and is allowable. Humor and parodies are given a special status legally.

On 9/12/07, Ayelie <[hidden email]> wrote:

>
> On 9/11/07, Pedro Sanchez <[hidden email]> wrote:
> >
> > I just ran into
> > http://www.mips.pd2h.net/index.php/Mipsicismo
> > whose logo is a derivative work of wikipedia's.
> >
> > I bet that's not appoved by foundation. What is to be done now? is
> > this the right channel to notify?
>
>
>
> http://www.wikiality.com/Main_Page
>
> That's been up for quite a while, is very popular, and Jimbo was on his
> show
> several times and Colbert mentioned the site. I presume various
> wikipedians
> - probably including Jimbo - have visited there.... whether or not the
> issue
> of their logo being a derivative of ours has been brought up or not I
> don't
> know.
>
> --
> Ayelie
>   ~Editor at Large
> _______________________________________________
> foundation-l mailing list
> [hidden email]
> http://lists.wikimedia.org/mailman/listinfo/foundation-l
>
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Re: use of wikipedia's globe on non wikimedia's wikis?

Thomas Dalton
On 12/09/2007, White Cat <[hidden email]> wrote:
> Usage of Wikimedia logos without foundation approval is simply "fair-use"
> and is allowable. Humor and parodies are given a special status legally.

I agree they most likely fall under fair-use. The only way to stop
them would be via trademark law, not copyright law, however I seem to
remember someone saying the logo wasn't trademarked, so there's
nothing we can do.

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Re: use of wikipedia's globe on non wikimedia's wikis?

White Cat
Logo is a trademark of Wikipedia. I am uncertain if it was registered
though. Either way I think even the thought of the foundation suing that
sites owner seems highly unlikely to me. The lack of tolerance to some
terrible sense of humor would be bad publicity.

On 9/12/07, Thomas Dalton <[hidden email]> wrote:

>
> On 12/09/2007, White Cat <[hidden email]> wrote:
> > Usage of Wikimedia logos without foundation approval is simply
> "fair-use"
> > and is allowable. Humor and parodies are given a special status legally.
>
> I agree they most likely fall under fair-use. The only way to stop
> them would be via trademark law, not copyright law, however I seem to
> remember someone saying the logo wasn't trademarked, so there's
> nothing we can do.
>
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> http://lists.wikimedia.org/mailman/listinfo/foundation-l
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Re: use of wikipedia's globe on non wikimedia's wikis?

Thomas Dalton
On 15/09/2007, White Cat <[hidden email]> wrote:
> Logo is a trademark of Wikipedia. I am uncertain if it was registered
> though. Either way I think even the thought of the foundation suing that
> sites owner seems highly unlikely to me. The lack of tolerance to some
> terrible sense of humor would be bad publicity.

Can you have unregistered trademarks? I know you get copyright
automatically whether you register it or not, but I thought you had to
register trademarks. When there was discussion about changing the logo
(some of the symbols are apparently wrong) someone from the foundation
said that they weren't registered trademarks yet, so we could change
them without worrying about losing the trademark. As far as I know,
they haven't been registered since then.

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Re: use of wikipedia's globe on non wikimedia's wikis?

Stephen Bain
On 9/15/07, Thomas Dalton <[hidden email]> wrote:
>
> Can you have unregistered trademarks? I know you get copyright
> automatically whether you register it or not, but I thought you had to
> register trademarks.

Yes you can. In many jurisdictions (including the US), you can get a
trademark either by actually using the mark in the marketplace, or by
registering the mark. One downside of not registering is that it can
be hard to show that you have used the mark in the marketplace,
although obviously that's not going to be a problem for us.

> When there was discussion about changing the logo
> (some of the symbols are apparently wrong) someone from the foundation
> said that they weren't registered trademarks yet, so we could change
> them without worrying about losing the trademark. As far as I know,
> they haven't been registered since then.

If you do change your mark without changing your registration, you can
still gain trademark rights over the new mark simply by using it (in
jurisdictions where that applies).

The phrase "Wikipedia" is definitely a registered trademark (in the US
and in some other countries through WIPO), I don't know about the
logos though.

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Stephen Bain
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