FreeCAD trademark

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yorik
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FreeCAD trademark

Post by yorik »

So, we have registered a trademark for the FreeCAD logo, that is owned by the FPA! The trademark is public and can be seen here:

https://www.boip.int/en/trademarks-regi ... Fbx1466186

The trademark is registered in benelux only but it still prevents anyone else in the EU to register the same trademark.

What does it mean? Basically the FPA and only the FPA owns the rights over the use of the FreeCAD name and logo commercially. Of course we are not going to "do" anything with it, it's just a right, so basically nothing will change within FreeCAD or for its users. But it gives us power to go against other people making money with FreeCAD.

The first thing I have in mind obviously are the fake FreeCAD sold on the microsoft and apple webstores (it's crazy when you think of it... Where do you find primarily fake software? on the webshops ran by famous operating systems). I tried filing complaints for it in the past, but simply nothing happened. Now we might have an argument that microsoft understands better. Of course that might not work when people took FreeCAD and repack it under WhateverCAD, but it's already a step further.

So that's basically it, keep using the FreeCAD logo anywhere you like (it's still open-source), as long as you are not using it to make money (you still might, but from now on it would be a good idea to reach to the FPA first...).
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adrianinsaval
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Re: FreeCAD trademark

Post by adrianinsaval »

Some time ago microsoft changed their TOS to ban such scam distributions of FOSS software, have you contacted them again after that? Or maybe we need to have an official version in their store for them to take action? Or it was just a dumb marketing move and they won't actually act on it :roll:

Also if non-commercial use is allowed freely the logo should have a corresponding appropriate license officially allowing that, so that people like realthunder can use without worry that some day in the future the FPA will get mad with him and trademark troll him.
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yorik
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Re: FreeCAD trademark

Post by yorik »

The logo itself is still covered by the LGPL license, so this still applies, you still have the legal right to use the logo as far as LGPL permits. The trademark actually acts more like a copyright, which is not in opposition to the open-source license.

A trademark itself is not bound to any legal obligation. It's not written in any law. It is just something that has some weight in a company vs company lawsuit. Think of it more like an "officially registered" copyright. It's not just us pretending we "are" FreeCAD anymore. We now have a respectable institution vouching for us and guaranteeing we are "the real FreeCAD".
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obelisk79
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Re: FreeCAD trademark

Post by obelisk79 »

@yorik

I realize its an old idea, but perhaps a mild refinement of the current logo would be in order?
I humbly submit: https://forum.freecadweb.org/viewtopic. ... 30#p622599
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yorik
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Re: FreeCAD trademark

Post by yorik »

I know, and I agree we need to do something about the logo...
We're discussing this me and other admins, I promise I'll push the discussion so we can come up with a plan.
hmk
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Re: FreeCAD trademark

Post by hmk »

yorik wrote: Wed Oct 05, 2022 7:51 am The trademark actually acts more like a copyright, which is not in opposition to the open-source license.
This statement is a bit confusing to me... I think it is perhaps more the other way around: part of the trademark is a logo, which happens to be protected by copyright.

My believe is that the FreeCAD logo is artwork and as such under copyright protection. Copyrighted works like the logo can come with one or several licenses. (A license typically gives the licensee/user more freedoms than copyright -- copyright is "all rights reserved, a license is "some rights reserved".) The FreeCAD logo is both under LGPL (a bit strange for artwork?) and under CC BY (because of the Wiki, which states: "Content is available under Creative Commons Attribution unless otherwise noted.) The logo is (now) also a trademark, which means that trademark law now also applies.

I am happy to be corrected on this because I am interested to better understand IP law. (Since it exists, we have to deal with it :x)
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