[OpenID board] Trademarks: Problems with derivative Marks

Bill Washburn bill at oidf.org
Tue Mar 11 15:00:43 UTC 2008


Mark,

Thanks for your note.  I have read and reread your email, specifically the
parts about:

a) "How should the revenue for licensing be distributed - if a holder wishes
to?"

and

b) the "situation" and the follow-on question leave me with a sense of real
concern.

Could you please clarify?  Broaching the question of "revenue for licensing"
is in obvious contradiction to the policy of being entirely free and of
course that precludes anything that is revenue generating including
licensing fees or royalties, so to me this feels like a question that is an
attempt to somehow get the nose of the camel into the tent.  Or are am I
missing something?

Honestly, I simply can't parse well the "situation" as you describe it.
Please just put your questions on the table directly.  What are you
asserting and what do you aim to do as a result of those assertions?

Cordially,
-bill




On Sat, Mar 8, 2008 at 10:34 AM, Mark Cross <2008 at thirdvisit.co.uk> wrote:

>  Dear Bill,
>
> Sorry for not writing sooner, I had to attend a family funeral this week
> and have been Net less.
>
> With regards to our conversation two Fridays back my illustration is as
> follows:
>
> As a Trademark holder - by accident because I needed to protect the
> domain, I do see a lot of problems with derivative Marks.
>
>    1. The brand needs to be protected
>    2. How should the revenue for licensing be distributed - if a holder
>    wishes to?
>
> *Situation:*
>
> Having got the Trademark I decided that given that absolutely no
> provincial (local) Angel Investment network understands OpenID, I might as
> well register a derivative mark to raise money through certification, to
> fund both myself and further OpenID in the UK.
>
> Whilst as I the own the Mark I have no qualms about doings this, but I do
> have an ethical dilemma that  profit should be further split between, Brad,
> Randy and the OpenID Foundation US/Europe/UK.
>
> *Question:*
>
> Would the board like to offer any advice on this to me as an individual,
> and or suggest ideas that could be promoted to the other holders?
>
> Cheers Mark
>
>
>
>
>
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