[theme-reviewers] "Clone" Themes and Trademark

[Sayontan Sinha]

What about themes like Inanis Glass (homage to the Windows UI) or the
Notepad Theme (homage to the iPhone's notes.app)? These aren't even clones
of websites.

Sayontan.

On Fri, Nov 12, 2010 at 7:48 AM, Chip Bennett <chip at chipbennett.net> wrote:

> Here's the Theme that caught my attention: Smells Like Facebook<https://themes.trac.wordpress.org/ticket/1983>
> .
>
> I don't think the issue (in this case) is deliberate attempt to mislead;
> however, the Theme could certainly potentially be used in such a manner.
> Regardless, I don't think Trademark violation is entirely a matter of intent
> to mislead. The existence of the "clone" Theme itself could very well be *per
> se* Trademark violation.
>
> I think, in this case, we probably need some guidance from WPORG folk,
> regarding their take (they're the ones potentially assuming liability), and,
> in the context (or in lieu) of their response, we should elaborate in the
> Guidelines.
>
> Cais: another agenda item for our next meeting? Or wait until we get a
> response from Joseph/Lance/Matt/someone?
>
> Chip
>
>
> On Fri, Nov 12, 2010 at 9:42 AM, Edward Caissie <edward.caissie at gmail.com>wrote:
>
>> I would agree to the point that the "trademark violation" is blatantly
>> obvious or the theme appears to have been created with the intention to
>> mislead. Although this would also not allow for those themes paying homage
>> to the trademark holder ... or possibly the trademark holder themself
>> submitting the theme, but then I guess it really would be meant as a "clone"
>> in that case.
>>
>>
>> Cais.
>>
>>
>> On Fri, Nov 12, 2010 at 10:35 AM, Marty Martin <m at seoserpent.com> wrote:
>>
>>> Oops, sorry about the last blank email.
>>>
>>> I say reject them.  I don't think Automattic really wants to be
>>> exposed to a Trademark violation as you say.  Let the designer host it
>>> on their own site if they really want to offer it up.  Perhaps some
>>> language needs to be added to the guidelines?
>>>
>>> Marty
>>>
>>> On Fri, Nov 12, 2010 at 10:32 AM, Chip Bennett <chip at chipbennett.net>
>>> wrote:
>>> > What is our current stance on "Clone" Themes? I am particularly
>>> concerned
>>> > with respecting other sites' Trademarks. For example, what of a Theme
>>> that
>>> > is a Facebook clone?
>>> > I am concerned primarily with not exposing the Repository to liability
>>> for
>>> > Trademark violation.
>>> > Thoughts?
>>> > Chip
>>> > _______________________________________________
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>>> >
>>> >
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>>
>>
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>
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-- 
Sayontan Sinha
http://mynethome.net | http://mynethome.net/blog
--
Beating Australia in Cricket is like killing a celebrity. The death gets
more coverage than the crime.
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