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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 11:28:47 -0800

Oh, I see what you're getting at (I think). Perhaps something along the lines of the World Wide Web Consortium's Trademark and Service Mark License, which defines terms under which somebody can use trademarks whose meaning they define.

Kevin

http://www.w3.org/Consortium/Legal/2002/trademark-license-20021231

W3C® Trademark and Service Mark License

The World Wide Web Consortium's (W3C®) Hosts (MIT, ERCIM, Keio) grant you the right to use W3C Trademarks and Service Marks (collectively the "trademarks"), provided that you agree to the following terms and conditions:

1. The owner of W3C marks must be clearly identified as the "W3C (MIT, ERCIM, Keio)". For example, "W3C® is a trademark (registered in numerous countries) of the World Wide Web Consortium; marks of W3C are registered and held by its host institutions MIT, ERCIM, and Keio."

2. W3C trademarks must be used only to

1. describe or reference W3C specifications, documents, software, or other products listed at the W3C web site (collectively, "W3C Products"), or

2. describe non-W3C products that implement the required features and operations of W3CProducts. Required features and operations are defined within specifications, often in accordance with [RFC2119]. Representations that products or services comply with W3C specifications must clearly indicate that the representations are made by you, the licensee, and not by the W3C.

3. W3C Trademarks must only be used in a way that accurately reflects the STATUS associated with the W3C products. The STATUS of a W3C document describes the context in which the product was developed including the publication date, intellectual property disclosures (e.g., copyright or patent terms), location (URI), its publication level (Note, Working Draft, Candidate Recommendation, Proposed Recommendation, Recommendation), and future expectations regarding the W3C Product.

4. Marks may not be used to indicate any kind of endorsement by the W3C, official status with respect to the W3C, or any kind of relationship with the W3C aside from a representation that the above requirements (1-3) have been met.

5. W3C will audit the use of the W3C trademarks to determine compliance with these terms and conditions.

6. IN NO EVENT SHALL THE W3C, MIT, ERCIM, KEIO OR ANY TRUSTEES, DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM OR RELATED TO USE OF W3C TRADEMARKS, INCLUDING ECONOMIC DAMAGES AND LOST PROFITS, REGARDLESS OF WHETHER W3C (MIT, ERCIM, Keio) SHALL BE ADVISED, SHALL HAVE OTHER REASON TO KNOW, OR IN FACT SHALL KNOW OF THE POSSIBILITY OF THE FOREGOING.

No right to create modifications or derivatives of W3C Trademarks is granted pursuant to this license.

Note: Certain W3C trademarks or icons may have additional information about their use not found within this license. Please refer to "W3C Logo and Icon Usage." Questions about this license should be sent to site-policy AT w3.org.

References
[RFC2119]
S. Bradner. RFC2119: Key words for use in RFCs to Indicate Requirement Levels. IETF Network Working Group. BCP: 14 March 1997. Category: Best Current Practice

Thomas wrote:

My start-point is: I want people use my trademark at certain conditions.

These could be: the product associated with this trademark should be under a specific license (or allow some rights and impose some dutes), but is jast one case.

So my trademark can identify among people products which are released under certain conditions. This satisfy the requirements you point out ("...uniquely identify the source of ...")

So it were also possible to immagine some trademark which includes a variety of licenses which can be used for some product.

Then, consider if attribution, comercial, share alike and so on could fit is my question ;-)

thom





Kevin Shrieve wrote:

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


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