[NetBehaviour] Wikipedia challenges "Wikipedia Art"

Pall Thayer pallthay at gmail.com
Fri Apr 24 11:00:03 CEST 2009


If I recall correctly, the fair use doctrine for copyrights does not
apply in the same way to trademarks. I'm pretty sure there is a fair
use provision specifically for trademarks but don't remember what the
difference between the two is. If this were a copyright issue it would
fall pretty clearly under the fair use doctrine as it is direct
criticism of Wikipedia. This might not be the case though for
trademarks.

Ok, I broke down and looked it up... on Wikipedia. The fair use
provision for trademarks sounds a bit strange. It actually sounds to
me like it's intended more for commercial criticism than
non-commercial in that the point of it is to allow advertisers to
compare products. So if you were running an encyclopedia and you
wanted to point out that your encyclopedia is better than Wikipedia,
you would be allowed to use their trademark. But how or whether it
applies to wikipediaart's use of it seems unclear.


On Fri, Apr 24, 2009 at 8:29 AM, Rob Myers <rob at robmyers.org> wrote:
> On Thu, Apr 23, 2009 at 7:00 PM, Scott Kildall <lucky at kildall.com> wrote:
>>
>> A few weeks ago, I was sent a letter from the Wikimedia legal counsel
>> (they run Wikipedia) which challenged the Wikipedia Art project
>> (specifically the domain name, which I was the registrant of) on the
>> grounds of trademark infringement since we were using the "Wikipedia"
>> name in the project. This is despite the fact that the project is a
>> non-commercial commentary of Wikipedia.
>
> Wow that is fail on their part.
>
> It's like Barbie in a Blender, only with supposed freedom-lovin' folk
> rather than a multinational toy company.
>
> Is there anything people can do to help?
>
> - Rob.
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-- 
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Pall Thayer
artist
http://www.this.is/pallit
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