[Discuss] Envienta

Sun Feb 28 19:05:45 UTC 2016

There is of course another, much less aggressive route, which I normally recommend and which more often than not has proved successful:

Try to get he other party to co-operate and share efforts

/ Peter

> On 28 Feb 2016, at 19:44, Emilio Velis <contacto at emiliovelis.com> wrote:
> 
> Marcin,
> 
> 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 <mailto: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 <mailto: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
>> 
>> -- 
>> 
>> 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/>
>> 
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