Kodi and XBMC trademarded in the Benelux
#16
The relevent parts that help define bad faith are:

Benelux Convention on Intellectual Property

Quote:Article 2.4 Restrictions
No right in a trademark shall be acquired by the following:

e. the registration of a trademark which might give rise to confusion with a well-known trademark,
within the meaning of Article 6bis of the Paris Convention, belonging to a nonconsenting third party;

Paris Convention for the Protection of Industrial Property

Quote:Article 6bis
Marks: Well-Known Marks

(1) The countries of the Union undertake, ex officio if their legislation so permits, or at the request of an interested party, to refuse or to cancel the registration, and to prohibit the use, of a trademark which constitutes a reproduction, an imitation, or a translation, liable to create confusion, of a mark considered by the competent authority of the country of registration or use to be well known in that country as being already the mark of a person entitled to the benefits of this Convention and used for identical or similar goods. These provisions shall also apply when the essential part of the mark constitutes a reproduction of any such well-known mark or an imitation liable to create confusion therewith.
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#17
(2015-07-12, 02:50)natethomas Wrote: * natethomas looks at his law degree. Wonders if it's worth mentioning.

Anyway, at the end of the day none of this conversation matters. Our lawyer is very much on top of things.

Didn't realise that. (And no I don't claim to be a trademark lawyer!)
If I have helped you or increased your knowledge, click the 'thumbs up' button to give thanks :) (People with less than 20 posts won't see the "thumbs up" button.)
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#18
I have degree in tying my shoe laces and I still have to explain stuff to the "legal" department from certain companies.
Read/follow the forum rules.
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#19
We have it all set allready.
* some things i can not post as it will give the person an advantage/pre knowledge of what will happen.

A onetime warning to this person has heen send asking to stop harrasing people claiming for the trademark.

The best thing is this person to stop and the Foundation can take over properly getting the trademark back.
Note; if the foundation needs help in europe/benelux to enforce law on the trademark please let me know.

There are also other trademarks under his name that has been soly used just to mislead people.
We are getting backed by the company involved at this one so we will also include it to make the case even stronger.

Clever marketing has nothing to do with damaging others, unfortunaly some think they can do anything they want without any counter act.
He stepped into the wrong pool this time.

PS; people from the benelux that want to be included into the case please send me an email at (Martin at .. you guys know the url)
Even if you dont have any issues with this person yet, you might be the next on the line.. remember that.

Lets see where this goes...

Thanks a lot guys.
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#20
So let me discus your case.

Quote:Clever marketing has nothing to do with damaging others, unfortunaly some think they can do anything they want without any counter act.

You are providing "HardwareGuru XBMC/KODI" in which you provide pre-installed add-ons without our consent. This falls under the part "do not modify or pre-install".
Looking at some random webshop: http://www.minixwebshop.nl/hardwareguru-xbmc/
This is full of add-ons that are violating our policy.
http://kodi.wiki/view/Official:Trademark...ifications
So i applaud the guy sending cease & desist your way. Enough said. Why would we help you when you are also violating our policy?

Does this make me sound like an ass. Sure but i don't mind because you are doing the same.

In addition show me the source code for your version as Kodi is released under GPLv2 and now GPLv3. GPLv3 also dictates that you may not include it hardcoded in the firmware.

Additionally your username is in violation of our forum rules. http://kodi.wiki/view/Official:Forum_rules#Registration
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#21
Hello Martijn,

Too bad the thread is beeing redirected towards another subject..
1. If you want you can change my forum name, no problem.
2. My version is based on SPMC and build by one of your devellopers, this is available for download. So i see no issue here.
3. Our version based on SPMC is not default loaded with addons by the way. There is a service besides the KODI app ( seporate ) that provides an install service...
4. i do not preload xbmc with any firmware exept the firmware i make "officialy" for MINIX wich is your sponser.
I am an wel known android develloper that also does a lot of community work just like you guys.
Too bad i have to defend myself when trying to protect your interest ..

But i think that is totaly another discussion, maybe another thread?
This is about a brand/trademark hyjacking ( Your brand/trademark! )
You are from The netherlands also and i dont know if you know these guys, i dont say anything else as i realy have no idea....
If you want to discuss my case i suggest to open a new topic, i dont have any difficulties with that. please dont blur this topic by turning it into another direction.

With or without your help i am going to push through this case anyway if needed.
Just because this guy thinks he can own the world (including the trademark you worked hard on ).

PS. We dont need the "KODI" name, we can easely rename our versions as we allready have search SEO potentials but that is not what this is about.

Can we please keep on topic?
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#22
Yes, this is two separate issues. The takeaway from this is that this other group has no legitimate claim to the Kodi or XBMC trademarks. Our legal representatives have already taken action regarding this, before this thread was even started.

That being said, please correct the issues that Matijn brought up. Otherwise, the next e-mail you get about this will be from the real XBMC Foundation, and you won't be able to ignore that one.
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#23
(2015-07-11, 14:30)krldot Wrote: I sure hope the Kodi Foundation is registering the trademark in all european countries , because by law US trademark cannot be applied to EU
EU full trademark is done by registering in all applicable member states ( 2000E - 40000E per country )
I support a small trademark registration company in my country and unfortunately talking to the employees at this company even if you register the Kodi Foundation trademarks now they will not be valid in the country that this guy already registered the trademark.

http://www.registeringatrademark.com/wor...mark.shtml
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Kodi and XBMC trademarded in the Benelux0