[theme-reviewers] "Clone" Themes and Trademark

[Marty Martin]

Well, just the use of the trademarked name is a violation in this
instance I think, regardless of what the theme looks like.

M

On Fri, Nov 12, 2010 at 10:48 AM, Chip Bennett <chip at chipbennett.net> wrote:
> Here's the Theme that caught my attention: Smells Like Facebook.
> 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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