news.volyx.in

VC-backed company just killed my EU trademark for a small OSS project

854 points by _rkcg · 349 days ago · 249 comments on HN

Article summary

A developer of an open-source project had their EU trademark revoked after a $160M-funded company filed for cancellation, citing the developer's inability to prove 'genuine use' of the trademark in the EU. The developer had attempted to provide evidence of usage, including Google Analytics data and GitHub stats, but it was deemed insufficient. The company had previously tried to register the trademark in the US, but was initially blocked due to likelihood of confusion. The developer is now considering whether to appeal the decision or abandon their trademark altogether.

Main themes

  • Trademark law
  • Open-source projects
  • EU trademark regulations
  • Commercial vs non-commercial use
  • Intellectual property protection

What commenters say

  • Trademarks serve a purpose in facilitating commercial trade, but this does not necessarily mean that non-commercial projects cannot have trademarks.
  • The EU's requirement for 'genuine use' of a trademark can be difficult for open-source projects to meet, particularly if they do not collect user data.
  • Some argue that the company's actions are an example of a larger corporation bullying a smaller project, while others see it as a legitimate exercise of trademark law.
  • The value of a trademark lies in its ability to protect a project's identity and prevent confusion, not just in its potential for earning money from lawsuits.
  • The B Corp certification held by the company in question has been called into question, with some arguing that their actions are inconsistent with the principles of the certification.
  • Some commenters believe that the developer should have accepted a coexistence agreement with the company, while others think that this would have weakened the trademark.
  • The case highlights the challenges faced by open-source projects in navigating trademark law and protecting their intellectual property.
  • The EU's trademark regulations may need to be re-examined to better accommodate non-commercial projects and ensure that they are not unfairly disadvantaged.