Re: use of w3c logo, did-doge

On Thu, May 4, 2023 at 3:39 AM Melvin Carvalho <melvincarvalho@gmail.com> wrote:
> I believe associating the W3C logo with Dogecoin could have a negative impact on this group, as Dogecoin has a less than favorable reputation.

Just to weigh in on this thread -- anyone speaking that hasn't engaged
legal counsel is out of their depth. What may seem like a simple case
is not.

There is a conflict here between W3C's trademark (and the
dodge-derived logo is begging them to enforce their trademark lest
they lose it), fair use, and use of trademarks and copyrights for the
purposes of parody.

There are potentially good arguments both ways, but the second we
summon the lawyers, we've all lost. We shouldn't pull W3C staff in
because (speaking as a W3C Member that pays dues, which are then used
to pay staff and legal counsel), this topic is a waste of W3C Member
funding. It also calls into question W3C's trademark and the
enforcement thereof (if you don't enforce your trademark, you can lose
it).

Wayne, you might consider (and this is clearly not legal advice;
you'll want to consult counsel), asserting that the did-doge logo
falls under a parody defense, you claim no commercial rights, you have
no products or plan of any products that use the logo, and state
clearly why you don't believe that this dilutes W3C's brand or causes
"customer confusion". IOW, make it clear that this is a joke that
you're not profiting off of and that doesn't cause harm or dilution to
W3C's brand/reputation... or, just change the logo. :)

This stuff can get really messy and complicated. Case in point,
another dog-related trademark dilution case that recently worked its
way through the courts with surprising outcomes:

https://www.jdsupra.com/legalnews/trademark-parody-and-freedom-of-speech-70581/

Just my $0.02, I am not a lawyer.

-- manu

-- 
Manu Sporny - https://www.linkedin.com/in/manusporny/
Founder/CEO - Digital Bazaar, Inc.
https://www.digitalbazaar.com/

Received on Thursday, 4 May 2023 14:44:01 UTC