Globalize nominative use language#38
Open
tieguy wants to merge 1 commit into
Open
Conversation
This phrase was somewhat US-centric, which makes sense for WMF but not for the template. This change: 1. Removes the reference to US law; and 2. Adds a reference to "referential" use, which is the preferred nomenclature in the EU (see, e.g., INTA on EU relevant statutory provisions: http://www.inta.org/INTABulletin/Pages/EU_TM_Reform_3_7022.aspx ) This is not perfect, as the caselaw in the EU is not as favorable to third parties as in the US, but Article 12 of the harmonized EU regulation does appear to have similar intent as US nominative fair use. If we wanted to be more precise, one might drop "fair" here (it isn't terribly well-defined in US trademark law) and simply stick to nominative/referential. But that might be confusing to non-legal readers.
Contributor
Author
|
Doing this right may also require changing the references to nominative use in the title and first clause of Sec. 3.5 to "nominative/referential". |
This file contains hidden or bidirectional Unicode text that may be interpreted or compiled differently than what appears below. To review, open the file in an editor that reveals hidden Unicode characters.
Learn more about bidirectional Unicode characters
Sign up for free
to join this conversation on GitHub.
Already have an account?
Sign in to comment
1 participant
Add this suggestion to a batch that can be applied as a single commit.This suggestion is invalid because no changes were made to the code.Suggestions cannot be applied while the pull request is closed.Suggestions cannot be applied while viewing a subset of changes.Only one suggestion per line can be applied in a batch.Add this suggestion to a batch that can be applied as a single commit.Applying suggestions on deleted lines is not supported.You must change the existing code in this line in order to create a valid suggestion.Outdated suggestions cannot be applied.This suggestion has been applied or marked resolved.Suggestions cannot be applied from pending reviews.Suggestions cannot be applied on multi-line comments.Suggestions cannot be applied while the pull request is queued to merge.Suggestion cannot be applied right now. Please check back later.
This phrase was somewhat US-centric, which makes sense for WMF but not for the template. This change:
This is not perfect, as the caselaw in the EU is not as favorable to third parties as in the US, but Article 12 of the harmonized EU regulation does appear to have similar intent as US nominative fair use.
If we wanted to be more precise, one might drop "fair" here (it isn't terribly well-defined in US trademark law) and simply stick to nominative/referential. But that might be confusing to non-legal readers.