Having just visited there, I can say with some confidence that discussion of people refusing to cease using the trademarks is wildly off base. The people at WMF-Brasil are not bad guys. I just spent 3 days there. If there is a problem, I see no obstacles to working it out.
I will be seeing thomas (the main organizer of my trip) the day after thanksgiving in florida. On Mon, 24 Nov 2008 15:46, Michael Bimmler wrote: > On Mon, Nov 24, 2008 at 4:40 PM, David Gerard <[EMAIL PROTECTED]> > wrote: >> 2008/11/24 Nathan <[EMAIL PROTECTED]>: >> >>> Whether something can be done from afar or not... Beria, Luiz and >>> Porantim >>> are entitled to have the discussion focus at least initially on the >>> specific >>> problem they point out. I suspect that there is very little that can >>> be done >>> - the Foundation, and ChapCom, have almost no control over the >>> operations of >>> any chapter. Even withdrawing permission to use the Wikimedia-related >>> intellectual property (without prejudging the need for that in this >>> case, of >>> course) would need to be backed up in court in Brasil if a chapter >>> refused >>> to comply. >> >> >> I understand that chapter agreements (certainly the WMUKv1 one) >> usually include provision where either side can withdraw from the >> trademark agreement with a few months' notice. Though of course if an >> organisation wasn't happy with that provision being invoked they may >> well be able to argue the point in court. >> > > Yeah and, what Nathan probably meant: If a chapter ignores a > termination message and keeps using the trademark, we would need to > obtain an injunction in *their* country. Now, I think the Wikipedia > trademark is not even registered internationally yet (it isn't in > Switzerland, so I suppose it isn't in that many other countries > either), so we'd run into problems. As a matter of fact, the chapter > could just register the trademark in the country and unless the > foundation was willing to really put up a court fight to get the > trademark back, they could just ignore the termination notice. > > Contracts are nice, but you also need be able to enforce them. > > Michael > > > -- > Michael Bimmler > [EMAIL PROTECTED] > > _______________________________________________ > foundation-l mailing list > foundation-l@lists.wikimedia.org > Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/foundation-l _______________________________________________ foundation-l mailing list foundation-l@lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/foundation-l
