[theme-reviewers] "Clone" Themes and Trademark

[Chip Bennett]

Slightly different, but certainly related. There's also a "Google Chrome"
clone in the review queue right now.

I think website clones are more cut-and-dry, but I'm really hesitant to
propose a guideline or policy, until we hear what WPORG have to say. They
may say "no clones whatsoever", or "clones are fine", or anything
in-between.

Chip

On Fri, Nov 12, 2010 at 9:52 AM, Sayontan Sinha <sayontan at gmail.com> wrote:

> 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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