[Owasp-leaders] Trademark Application Update and Summary

Tiffany Long tiffany.long at owasp.org
Tue Jun 14 16:53:56 UTC 2016


Larry,

*You asked the following:*

*Everyone is free to participate in OWASP and all of our materials are
available under a free and open software license.*

   - Does having a TM on projects like Cornucopia or OWASP Code Review
   Guide create in legal issues for those projects such as usability, etc.?
   - Does having a TM on code projects in any way prevent those projects
   from using any of the open source licenses that we currently use, or can be
   fork in any way?


This is a great question! A trade mark only protects the marks, not the
code.  The code keeps the sam Creative Commons Licence it always had.
However, with a TM if someone should make a new product and name it
"Cornucopia" or "Zap" we would be able to ask them to change the name so
that our products/programs are not confused.  This way people searching for
OWASP work are ensured they find it.

This is most important for ensuring that our standard of quality is
maintained and the OWASP name can continue to be trusted.


*A well defined system for addressing misuse*

   - Do you have an estimate on what you think it will take to fund this
   effort?

Defending our TMs should not cost more than current salaried positions
unless a lawyer is required to get involved. Most TM disputes are resolved
well before that point I don't think we will get to the point of a Cease
and Desist letter with enough regularity to even create
a persistent budget item.

I hope that answers your questions!  Thanks for posing them as I know this
must be a concern for many!

Best,
Tiffany


On Tue, Jun 14, 2016 at 5:22 AM, Larry Conklin <larry.conklin at owasp.org>
wrote:

> Tiffany,
>
> First thank you for heading this up. Your knowledge and experience will be
> very helpful. I do have a few questions concerning  TM usage.
>
> *Everyone is free to participate in OWASP and all of our materials are
> available under a free and open software license. *
>
>    - Does having a TM on projects like Cornucopia or OWASP Code Review
>    Guide create in legal issues for those projects such as usability, etc.?
>    - Does having a TM on code projects in any way prevent those projects
>    from using any of the open source licenses that we currently use, or can be
>    fork in any way?
>
>
> *A well defined system for addressing misuse*
>
>    - Do you have an estimate on what you think it will take to fund this
>    effort?
>
> Larry Conklin, CISSP and Co-Leader of OWASP Code Review Guide.
>
> On Mon, Jun 13, 2016 at 5:07 PM, Tiffany Long <tiffany.long at owasp.org>
> wrote:
>
>> Hello Leaders!
>>
>> First I want to say that I am very excited to be working with you as the
>> new community manager and will be reaching out to you very soon about how I
>> can best support your chapters.
>>
>> I know the question of branding and trademarks has been on many people's
>> minds.  I would like to invite you to read the letter I wrote to the board
>> about the topic.  You can find it on the board mailing list or in the
>> discussion page here:
>>
>>
>> https://www.owasp.org/index.php/Talk:Marketing/Resources#Trademark_Application_Update_and_Summary
>>
>> I think it would be conducive to clarity and progress to separate the
>> discussion of filing trade marks from the discussions of Use Case
>> Guidelines and Other Branding Guidelines such as naming conventions and
>> misuse.
>>
>>
>> Below are the actions I suggested we take to regarding the trademarking
>> process.
>>
>> SUGGESTED ACTIONS
>>
>> A) Revise the current trademark application.
>> B) Apply for TM protection through the Madrid Protocol
>> C) Move forward with the application for the name "OWASP" and the
>> supporter logo
>> D) Confirm the logos with the flagship projects and some of the other
>> high visibility projects (like Cornucopia) and submit the applications
>> to protect those logos on behalf of the projects as well.
>> E)  Immediately have Hugo add the TM symbol to the circle logo, the
>> header logo, and the supporter logo as well as any other logos/names OWASP
>> may want to TM.
>> F)  Work to clarify the existing branding guidelines based on feedback
>> from the community
>> G)  Work to decide on whether to trademark outside of the Madrid
>> Protocol (I suggest we do to some extent) and prioritize the order with
>> the community.
>>
>> Cheers!
>> Tiffany Long
>>
>> _______________________________________________
>> OWASP-Leaders mailing list
>> OWASP-Leaders at lists.owasp.org
>> https://lists.owasp.org/mailman/listinfo/owasp-leaders
>>
>>
>
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