[theme-reviewers] "Clone" Themes and Trademark

[Edward Caissie]

This is definitely in the realm of WPORG decision making ... until we can
get a resolution from WPORG continue to review the themes in an appropriate
fashion but hold off on "approval" (not-approved is fine).


Cais.

On Fri, Nov 12, 2010 at 10:55 AM, Chip Bennett <chip at chipbennett.net> wrote:

> 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
>>>>> > _______________________________________________
>>>>> > theme-reviewers mailing list
>>>>> > theme-reviewers at lists.wordpress.org
>>>>> > http://lists.wordpress.org/mailman/listinfo/theme-reviewers
>>>>> >
>>>>> >
>>>>> _______________________________________________
>>>>> theme-reviewers mailing list
>>>>> theme-reviewers at lists.wordpress.org
>>>>> http://lists.wordpress.org/mailman/listinfo/theme-reviewers
>>>>>
>>>>
>>>>
>>>> _______________________________________________
>>>> theme-reviewers mailing list
>>>> theme-reviewers at lists.wordpress.org
>>>> http://lists.wordpress.org/mailman/listinfo/theme-reviewers
>>>>
>>>>
>>>
>>> _______________________________________________
>>> theme-reviewers mailing list
>>> theme-reviewers at lists.wordpress.org
>>> http://lists.wordpress.org/mailman/listinfo/theme-reviewers
>>>
>>>
>>
>>
>> --
>> 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.
>>
>>
>> _______________________________________________
>> theme-reviewers mailing list
>> theme-reviewers at lists.wordpress.org
>> http://lists.wordpress.org/mailman/listinfo/theme-reviewers
>>
>>
>
> _______________________________________________
> theme-reviewers mailing list
> theme-reviewers at lists.wordpress.org
> http://lists.wordpress.org/mailman/listinfo/theme-reviewers
>
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.wordpress.org/pipermail/theme-reviewers/attachments/20101112/c1048c79/attachment.htm>