Skip to Content.
Sympa Menu

cc-licenses - Re: cc licenses on trademark?

cc-licenses AT lists.ibiblio.org

Subject: Development of Creative Commons licenses

List archive

Chronological Thread  
  • From: Peter Brink <peter.brink AT brinkdata.se>
  • To: Discussion on the Creative Commons license drafts <cc-licenses AT lists.ibiblio.org>
  • Subject: Re: cc licenses on trademark?
  • Date: Thu, 03 Mar 2005 08:51:13 +0100

Rob Myers skrev:
An interesting example of a trademark license is Wizards of The Coast's (Hasbro's) "d20" license. This is a logo indicating compatibility with their games that you can use if you comply with the conditions of the license, one of which is that a certain percentage of your game must be Open Content.

I recommend that anyone interested in Open Trademarks (or a spectrum of rights for trademarks) study the d20/OGL licenses, their reception by the community, their effect on their intended market and how changes to the licenses have affected their usage very closely.

The cc-bizcom archives contain a conversation with the author of the OGL which touches on some of these issues.

- Rob.

An even better source of inspiration is the European Trademark directive (89/104/EEC), which can be accessed in full text from http://www.wipo.int/clea/docs_new/en/eu/eu014en.html. At a minimum read article 6...

Also of interest are the following cases from the European Court of Justice: The well known BMW case (http://oami.eu.int/en/mark/aspects/pdf/JJ970063.pdf) and the ongoing Gillette case (C-228/03). The Advocate General has given his opinion on the later case, however (strange enough) that document is not available in English. I found a good summary in English on http://www.twobirds.com/english/publications/casereports/TM_and_Copyright_Cases_January_2005.cfm (it's roughly half way down on the web page).

/Peter





Archive powered by MHonArc 2.6.24.

Top of Page