 There are some third rails in every community ... things that people are reluctant to discuss. Joomla's move to a GPL license was one of those, and I think we did a reasonable job of openly talking about the issues and implications.
This week, I'm going to attempt to touch another third rail: Joomla's trademark.
Today, Joomla's trademarks for its name and logo were accepted and published. This week, I'll attempt to answer questions about what this means for Joomla and for people running Joomla sites. This first post lays out facts about the trademarks: What Has Been Trademarked?- The name "Joomla!" as it refers to "Downloadable software for the creation, integration, publication, management, and maintenance of content, namely, text, documents, audio, and video." The name was first used on September 5, 2005.
- The Joomla! logo
What Was The Trademark Timeline? The whole process took over a year:
- July 12, 2007 - Application submitted
- April 2, 2008 - Approved for publication
- May 20, 2008 - Published for opposition
- August 5, 2008 - Registered
How Does Joomla's Trademark Compare to Wordpress and Drupal?
It is normal for Open Source projects to trademark their brand. Judging by the example of other projects such as Wordpress and Drupal, Joomla's trademarks are close to the accepted standard. The one major difference is that in the holders are very different:
- Wordpress' name and logo trademarks are held by Automattic Inc, a private corporation in California.
- Joomla's name and logo trademarks are held by Open Source Matters, a non-profit corporation in New York.
- Drupal's has two trademarks for its name. Both are held solely by Dries Buytaert, Drupal's founder
from Belgium. The second, more wide-ranging application is still
pending.
Can Drupal and Wordpress' Use of Their TM Help Us Understand How Joomla May Use Theirs? Drupal doesn't have a formal policy although in November last year, Dries said he was working on one. The Drupal logo is licensed under the GPL. Wordpress recommends that no-one use "Wordpress" in domain names.They suggest using "WP" instead. Wordpress has sent out some very polite emails asking people to stop using "Wordpress" in their domains which has led to a pretty informative discussion and this comment: "The biggest problem is that Wordpress for at least the last year have been very slow in providing official information and "terms of service" for their products."
This is similar to Joomla, which is playing catch-up after not restricing the use of its name during its first three years. I couldn't find any guidance regarding use of the Wordpress logo. Overall, both Drupal and Wordpress are admirably clear in some areas but still lack in policies in others.
Later this week I'll address possible solutions and outcomes. Finally, I hope these posts can lead to constructive discussion, so I'll closely moderate unhelpful comments. |
Comments
There is also a trademark issue with prior use, the word joomla being actively encouraged and promoted by OSM for including in your domain name.
What is the purpose of a trademark registration? Is it to protect the community from unscrupulous charlatans wishing to exploit the Joomla community and good name? There are many ways to do this without tradmearks that are targetted specificaly against the charlatan and not the enitere joomlaverse.
For the record when I was on the board of OSM I was against registering the trademarks.
I know you can't use the Joomla logo on apparel like a shirt, but can you:
1. Create a shirt using the Joomla! name since it's trademarked?
2. If not, can you create a shirt using the Joomla name without the "!" since it's part of the trademark?
Hi Kyle - that's part of the reason I wanted to make these posts ... its really not clear to many people. I think the T-Shirt answer would be "Yes, with permission" and that the name without the ! would probably be "no" and classified as "intentionally confusing". Not a lawyer however, so just my interpretation ...
The use of the logo is a different issue as it was always protected by copyright law. (And that is far more wide reaching than a USA TM)
There is also a connection here with the forms at OSM. You recently had to agree that "I understand that the license to use joomla in a website name is revokable without notice by Open Source Matters, Inc"
However, as has been mentioned, OSM not only encouraged community members to register domain names with the word "Joomla" in them, they pre-released the Joomla name to those folks who could prove they owned a domain name with "Mambo" in it, so they could have first dibs at "Joomla" domain names. With that in mind, I hope OSM shows wisdom in what they choose to do with this trademark. If OSM ever decided to arbitrarily shut down sites with the Joomla name in them, it would be extremely counter productive to building the community.
The only ones that should worry about that are spammers and other people using their websites for bad purposes.
BTW, legal expenses are not a good way to spend money that was donated by people.
@aravot I believe the "sucks" domains are allowed under a different law that permits the use in cases of satire, parody and complaint. I'm sure there is a google resource on this.
@flavio - I agree with what you are saying but my understanding of TM law (IANAL) is that you have to enforce your TM 100% and not selectively.
Legal expenses "may" be a legitimate way to spend "donated" money but at a time when joomla! bemoans the lack of donations is it really right to spend 5 figure sums on something with minimum value to the community as a whole.
I've yet to ever see a valid argument of the real, not perceived, benefit of a TM registration to the joomla community
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