[legal] Assigning the OpenID US Trademark to the Foundation
Johannes Ernst
jernst+openid.net at netmesh.us
Wed Mar 12 19:34:15 UTC 2008
So far, my company has been the owner of the OpenID trademark
registration in the US. That's because the trademark had to be
registered and at the time there was no OpenID Foundation. But I
believe it is now time for the foundation to take ownership of the
trademark for the benefit of the entire community.
Below is the assignment that I'm planning to sign in the next few
days. (language drafted by Yahoo -- thanks Yahoo!)
You notice we'll get paid the enormous sum of $1 -- which I plan to
donate to a good cause, like the OpenID Foundation.
I wanted to run this by the community first, in case anybody has any
comments.
Also, a number of others on this list have done similar stop-gap
registrations just like I have in their respective countries. E.g.
Sxip in Canada, Snorri and Mark Cross in Europe etc. I'd particularly
like your feedback on whether the language is also acceptable to you
-- minus whatever modifications may be needed from a legal perspective
due to the various country laws. We'll let the lawyers tell us about
that ... but I think it would be good if we all managed to more or
less sign the same legalese and all the trademarks were signed over
for the same terms ...
So let me know. Cheers,
Johannes Ernst
NetMesh Inc.
http://netmesh.info/jernst
TRADEMARK ASSIGNMENT
Whereas <company> (hereinafter, “Assignor”) has adopted, used, is
using and is the owner of the following trademark now registered in
the United States Patent and Trademark Office:
Trademark
Registration No.
OpenID
3222861
(hereinafter “the Trademark”); and
Whereas OpenID Foundation, an Oregon nonprofit corporation,
(hereinafter, “Assignee”), is desirous of acquiring the trademark.
Now, Therefore, in consideration of the sum of one dollar ($1.00) and
other good and valuable consideration, the receipt and legal
sufficiency of which is hereby acknowledged, Assignor hereby assigns
to Assignee all right, title and interest in the United States in and
to the Trademark together with the goodwill of the business symbolized
thereby and all registrations thereof.
Assignor further agrees to execute all papers and to perform such
other proper acts as necessary to secure to Assignee the rights herein
assigned.
This Agreement is to be interpreted under the laws of the State of
California without regard to any choice of laws provision which would
require construction under the laws of any other jurisdiction.
Dated this the ____ day of _______________ 20___
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