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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: Thu, 03 Mar 2005 10:09:44 -0800

Peter,

Would you be so kind as to give a brief summary of what you think are the most interesting implications of these cases?

Thanks,

Kevin

Peter Brink wrote:

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

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