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Subject: Development of Creative Commons licenses

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  • From: Kevin Shrieve <kevin AT lumiere.net>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: cc licenses on trademark?
  • Date: Wed, 02 Mar 2005 09:37:22 -0800

I actually don't get the concept, and would appreciate just a bit of clarification...

Isn't the function of trademark to uniquely identify the source of a product? And doesn't the law state that if the trademark owner let's that identification become unclear, the trademark could be lost?

Where would sharing (or other CC goals) fit into the isse of trademark?

Thanks for your good work,

Kevin

Sigmascape1 AT cs.com wrote:

I think it would be fantastic for CC to engage the trademark arena. I realize
that the primary reason that CC emphasizes copyright licensing is because one
doesn't have to purchase a copyright under U.S. law, it is in essence, free.
Trademarks, like patents, are not free (at least in terms of formally
establishing them). However I am aware of the 'common law trademark' which
allows someone to use the classic 'TM' mark for material not formally
registered as a trademark. I have no idea what CC may have in mind for the
trademark issue... helping establishing a mark? Providing a license to
existing mark holders? I just think it makes since for CC to look into this
area of IP.

Thanks!

Mitch



we're looking into the idea, but trademarks and (c) work very
differently. will keep you posted.


On Mar 1, 2005, at 2:47 PM, Thomas wrote:


Is there any contradictions in releasing a trademark under a cc
license?

Although they are not designed to fit with tdmk law, I do not see
anything which can create problems at time -but still not sure- do
you?
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Glenn Otis Brown
Executive Director
Creative Commons
glenn AT creativecommons.org
+1.415.946.3065 (telephone)
+1.415.336.1433 (mobile)
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