WikiFur:Trade and service marks
From WikiFur, the furry encyclopedia.
Trademarks and service marks are distinctive signs or indicators used respectively to identify a particular product or service.
In the United States, such marks are obtained through "use in commerce". They fall under federal law when used in interstate commerce (such as providing goods and services over the Internet). While registration of marks with the federal government is not required, doing so provides many benefits, in particular acting as evidence in federal courts for exclusive ownership throughout the United States.
Other countries often require official registration for trademark prosecution, but have a civil tort of "passing off" for those who trade on the goodwill of unregistered marks. Some countries - including the U.S. - also recognize trademark dilution, whereby a famous mark is harmed by its use by others in relatively unrelated markets.
Several common names within the furry fandom are registered trademarks, including Anthrocon, Midwest Furfest, FurCon and ConFurence. When trademarks are not registered, and more than one person or organization wishes to use a particular mark, problems can arise (see Festival of the Feral and YiffyToys).
[edit] WikiFur as a mark
[edit] Status
WikiFur is a "common-law" service mark, and also a trademark when applied to goods. As founder, and chief advertiser and promoter of the site, GreenReaper (Laurence Parry) asserts ownership of this mark in text and logo form.[1]
On 23 February 2008, GreenReaper applied to register the WikiFur service mark with the United States Patent and Trademark Office. The mark was published in the Official Gazette on 8 July 2008.[2] The registration process is likely to be completed in the latter half of 2008.
The application (no. 77404609) has been made for the text "WikiFur" (a so-called standard character claim), and covers the areas of:
- Providing an online publication in the nature of an interactive encyclopedia in the field of anthropomorphic animals
- Electronic publishing services, namely, publication of text and graphic works of others on the Internet featuring anthropomorphic animals
- Providing information, news and commentary in the field of recreation and leisure activities
The intent of registration is to ensure that the WikiFur "brand" remains associated with the ongoing output of a single group of editors, and is not misused to represent the activities of others.
[edit] Usage
You do not need any authorization to use the word WikiFur (or the WikiFur logo) when identifying this site[3] or its services, such as when linking to a particular page or talking about WikiFur. Such use is permitted under trademark law. However, you are not permitted to trade on its its goodwill by implying that other goods or services are associated with WikiFur, unless that association has been assented to by the owner of the mark.
Some direct examples of mark infringement or "passing off" would be operating a similar website called "WikiFur", or using a logo confusingly similar to the WikiFur logo. Less obvious examples might include baking a cake iced with the WikiFur logo for a charity auction, opening a WikiFur shop at CafePress or Lulu, or implying that WikiFur is sponsoring a quiz you are holding at a convention. This does not mean that you cannot do such things; just that you must request and obtain permission first. Permission will normally be granted if your goals are aligned with those of the WikiFur project and its administration.
Authorized users of WikiFur marks include our foreign-language sister projects, whose administrators are licensed to use them on the condition that they provide a similar service in a language not already provided by a sister project. Such vetting is intended to ensure that people get what they expect when they see WikiFur's name or logo.
[edit] Notes
- ↑ Copyright of the current logo rests with MelSkunk, who has licensed their rights under the GFDL.
- ↑ Official Gazette, page 1205 - United States Patent and Trademark Office (8 July 2008)
- ↑ For "this site", read "the site hosted at the domain pointed to by WikiFur.com, or as otherwise designated by the owner of the mark".
