[Foundation-l] Fair Use and Registered Trademarks

Fri Jul 8 11:21:33 UTC 2005

Jean-Baptiste Soufron wrote:

> Le 8 juil. 05 à 01:19, Ray Saintonge a écrit :
>
>> I'm inclined to generally agree.  There is a likelihood of  confusion 
>> between the trademark and the publication, but there are  also easily 
>> available techniques for dealing with that.  Writing a  suitable 
>> disclaimer and linking to it from every extracted article  should be 
>> more than enough to satisfy their objections about  trademark 
>> infringement.
>
> Such a disclaimer should precise that this text is public domain but  
> that the title is also a registered trademark that cannot be used  
> outside of the public domain use of the work.

Should such a disclaimer be a part of the general disclaimer of 
Wikisource, or is this something that has to be done for each and every 
separate work (like this 1911 EB collection)?  While I've seen plenty of 
these kind of disclaimers, this seems as though it is a legal document, 
or at least something that should be drafted by somebody familiar in a 
professional sense with trademark and copyright law, and not some random 
Wikimedia user.  This disclaimer could be put in through a template, but 
that seems a little excessive to have to include it on every article.

-- 
Robert Scott Horning