[Discuss] Envienta

Emilio Velis contacto at emiliovelis.com
Sun Feb 28 18:44:13 UTC 2016


IANAL either, but here are a couple of approaches that you might want to
discuss with your lawyer:

1. Apply for a trademark in the jurisdiction where they operate and attain
to consequences. Sometimes trademarks aren't granted solely on the basis of
who applied first but also on how known the brand is. I don't know if it
would work but it's worth a try.
2. Treat your trademark and related content as copyright. In Spain there
should be a doctrine for moral rights which could possibly give you a grip
on this issue.

If nothing else works, let's just find you a community in the region
(Spain, Hungry) for OSE to do cool and open things there.

On 28 February 2016 at 06:43, Tom Igoe <tom.igoe at gmail.com> wrote:

> If you own the trademark, the standard way to handle it is to send them a
> cease & desist letter. I believe as the owner of the trademark, you’re
> expected to defend it if you want to retain it. Confirm that with a lawyer,
> though.
> Tom
> On Feb 28, 2016, at 4:59 AM, Marcin Jakubowski <
> marcin at opensourceecology.org> wrote:
> Friends,
> 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?
> Marcin
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