Dr. Peter Troxler
trox at fabfolk.com
Sun Feb 28 12:38:29 UTC 2016
(1) Envienta operates out of the Canary Islands (Spain) and appear also to be based in Hungary, whereas the OSE trademark is for the US territory
(2) Evnienta promotes "a fast growing, sustainable, cost-effective, non-profit, decentralized and holistic socioeconomic model", they actually provide some nano-material, api's for smart homes (probably among other stuff) whereas the OSE trademark covers
> Nice class number 9
> List of goods and services Digital materials, namely, cds, dvds and downloadable video, audio, text and image files featuring plans for human communities, settlements, physical developments, business enterprises, research facilities, villages, urban environments, and emergency housing
> Nice class number 41
> List of goods and services Training services in the field of industrial machine fabrication and use within business
> Nice class number 42
> List of goods and services Design and development of industrial machine fabrication; research and development in the field of industrial machine fabrication
That's the basis to build a trade mark case, which ihmo is not a strong one. IANAL, TINLA, etc.
> On 28 Feb 2016, at 10:59, Marcin Jakubowski <marcin at opensourceecology.org> wrote:
> Jae Sabol of One Community <http://onecommunityglobal.org/> pointed this out to me some time ago a group called Envienta, who is using Open Source Ecology as a prominent byline in their branding. I am the director of Open Source Ecology and we have a trademark on Open Source Ecology. Jae emailed them asking if they knew that we have a trademark on the name, but he got no response - that was a few months ago. The association with Envienta is not positive from the open source perspective - in that they do not appear use an OSHWA compliant hardware license (they appear to be NC) - so we should probably give them a friendly reminder to not use our name. I am concerned about them diluting our brand, as they promote fake open source, contrasted with our strong open source positioning such as the Distributive Enterprise Business Case <https://www.facebook.com/OpenSourceEcology/photos/a.10151381815921562.574965.66469461561/10154627270176562/?type=3&theater>.
> Does anyone have any suggestions how to handle this?
> Non-confidentiality Disclaimer: OSE works openly. All conversations in this email are intended to be transparent and subject to sharing, with due respect. OSE does not sign NDAs in order to promote collaboration. All of our work is libre or open source. If you are discussing potential development collaboration, your work must also be open source pursuant to the Open Source Hardware Association definition <http://www.oshwa.org/definition/>.
> See Global Village Construction Set TED Talk <http://www.ted.com/talks/marcin_jakubowski>. Sign up for our Design Sprints <http://opensourceecology.org/wiki/OSE_Design_Sprint>. Subscribe as a True Fan <http://opensourceecology.org/community/#truefans>. See Tsu <https://www.tsu.co/OpenSourceEcology> or Facebook <https://www.facebook.com/OpenSourceEcology> for updates. Subscribe to monthly update OSEmail <http://opensourceecology.org/wiki/OSEmail>. Donate to our 501(c)3 <http://opensourceecology.org/wiki/Other_donation_options>.
> Marcin Jakubowski, Ph.D.
> Executive Director
> Open Source Ecology
> http://opensourceecology.org <http://opensourceecology.org/>
> discuss mailing list
> discuss at lists.oshwa.org
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