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This situation is being addressed on Juriwiki-L for legal reasons.
Thank you for bringing it to the list's attention.

-Brad

Bradford A. Patrick, Esq.
Fowler White Boggs Banker
501 E. Kennedy Blvd.
Suite 1700
Tampa, FL 33602-5239
(813) 228-7411 main
(813) 222-3336 direct
(813) 229-8313 fax
bpatrick@fowlerwhite.com




-----Original Message-----
From: foundation-l-bounces@wikimedia.org
[mailto:foundation-l-bounces@wikimedia.org] On Behalf Of Dori
Sent: Monday, December 12, 2005 6:43 PM
To: Wikimedia Foundation Mailing List
Subject: [Foundation-l] Trademark violation

Is this a trademark violation? http://www.wikipediaclassaction.org/

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Dori wrote:

>Is this a trademark violation? http://www.wikipediaclassaction.org/
>
>
I doubt it. He is not pretending to be Wikipedia, and I suppose his
usage is relevant to what he is trying to do. None of the ads for other
class actions use the logo. As long as he limits himself to that narrow
use it may be better to follow a policy of "Don't feed the trolls."

Ec

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On 12/12/05, Ray Saintonge <saintonge@telus.net> wrote:
> Dori wrote:
>
> >Is this a trademark violation? http://www.wikipediaclassaction.org/
> >
> >
> I doubt it. He is not pretending to be Wikipedia, and I suppose his
> usage is relevant to what he is trying to do. None of the ads for other
> class actions use the logo. As long as he limits himself to that narrow
> use it may be better to follow a policy of "Don't feed the trolls."
>
> Ec

I won't post anymore here since people are discussing it at juriwiki,
but the site does say "(c) 2005 WikipediaClassAction.org — All rights
reserved." and they mention nothing about Wikipedia being a redistered
mark of another entity. At the very least having the image there is a
copyright violation. Anyway I'm not a lawyer so I'll shut up.

Dori

Dori wrote:

>On 12/12/05, Ray Saintonge <saintonge@telus.net> wrote:
>
>
>>Dori wrote:
>>
>>
>>>Is this a trademark violation? http://www.wikipediaclassaction.org/
>>>
>>>
>>I doubt it. He is not pretending to be Wikipedia, and I suppose his
>>usage is relevant to what he is trying to do. None of the ads for other
>>class actions use the logo. As long as he limits himself to that narrow
>>use it may be better to follow a policy of "Don't feed the trolls."
>>
>>Ec
>>
>>
>I won't post anymore here since people are discussing it at juriwiki,
>but the site does say "(c) 2005 WikipediaClassAction.org — All rights
>reserved." and they mention nothing about Wikipedia being a redistered
>mark of another entity. At the very least having the image there is a
>copyright violation. Anyway I'm not a lawyer so I'll shut up.
>
He would probably have a fair use claim.

Copyright notice is not an essential element to owning a copyright, so
any such notice is in itself meaningless. Furthermore, a domain name is
not a person, and has no legal standing of its own; it can't own anything.

Ec

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On 12/12/05 5:43 PM, "Dori" <slowpoke@gmail.com> wrote:

> Is this a trademark violation? http://www.wikipediaclassaction.org/

> _______________________________________________
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> foundation-l@wikimedia.org
> http://mail.wikipedia.org/mailman/listinfo/foundation-l


I love how "fair use" goes out the window when stuff concerning the
Foundation itself is concerned.

--Guy


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