[OSM-talk] Draft Trademark Policy

Simon Poole simon at poole.ch
Mon Sep 18 08:17:34 UTC 2017


Depending on the territory you can have rights in marks that you have
not registered and it is probably completely undisputed that OSM is
associated as strongly as OpenStreetMap with the project.

Why is using it in a domain name etc problematic: for the same reasons
as using any other mark is. Just ask Richard about OsmAnd.

Simon

PS: there is a list on the wiki of our successfully registered
trademarks that we keep reasonably up to date.

Am 18.09.2017 um 09:12 schrieb Stephan Knauss:
> Hello Simon,
>
> On 08.09.2017 20:02, Simon Poole wrote:
>> Further we've added a clarification to the FAQ wrt use of remixes in
>> domain names and that use of the OpenStreetMap mark soley for
>> attribution does not require a trademark notice.
>
> Most of us are not that fluent with trademark law, nor I am.
> Could you please give some hints why "osm" as part of domain names
> should conflict with our registered OpenStreetMap marks?
>
> Like "fosm".
>
> I tried to figure it out, but OSM does not seem to be a registered
> mark of the OpenStreetMap Foundation:
> https://euipo.europa.eu/eSearch/#details/owners/574987
>
>
> There are two marks of OSM registered:
> https://euipo.europa.eu/eSearch/#advanced/trademarks/1/50/n1=MarkVerbalElementText&v1=OSM&o1=AND&c1=IS&sf=ApplicationNumber&so=asc
>
>
> One in class 9, which does not seem to apply for out context and one
> registered for class 8 and 35 which could with some fantasy conflict.
>
> Again: I fully understand why OpenThingMap or OpenStreetSomething is
> bad. Or why the domain I had a wile ago for training stuff,
> "openstreetmap.academy" is problematic.
>
> But why is OSM as the abbreviation considered to be a problem?
> If we would want to protect it, shouldn't we register a trademark for it?
>
> We in this context is the OSMF.
>
> Stephan
>
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