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Call to Arms: Combatting Trademark Infringement
#31
(2016-02-11, 23:24)metalkettle Wrote: RI'd say a website containing the word iPhone who's main purpose is to distribute and advertise cracked app store apps would be pretty damaging to apple in reputation and financially?

Just my thoughts. Apple must chose not to bother for one reason or another.

Interestingly enough, Apple did have a major trademark problem early on. Just not the apple you are thinking of. https://en.wikipedia.org/wiki/Apple_Corp...e_Computer

The issue with trademark is always whether users are likely to be confused. Apple and iPhone have an established enough brand that people aren't likely to confuse some iphone hacking site for something coming from Apple. But Apple Corp didn't have that same recognition, and so confusion was more likely.

Similarly, Kodi has never had a chance to establish what the Kodi name actually means, so it's far more likely for users to be confused by other groups using the name, particularly if those users act as if they are representatives of Kodi or developers of Kodi, etc.
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#32
Sinful iPhone is pretty big mate.
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#33
(2016-02-11, 23:26)samtheman1337 Wrote: sites that have the word "Kodi" in their site name are open and close issues..
Surprising if true. Even if there's no clear 'passing off'?
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#34
what about facebook groups that give support and help such as something like kodi help for beginners etc are they to be penalized along with kodi sites which supply builds and support etc free of charge no monetary gains surely you would have to prove they making money or receiving or asking donations
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#35
(2016-02-11, 23:31)natethomas Wrote:
(2016-02-11, 23:24)metalkettle Wrote: RI'd say a website containing the word iPhone who's main purpose is to distribute and advertise cracked app store apps would be pretty damaging to apple in reputation and financially?

Just my thoughts. Apple must chose not to bother for one reason or another.

Interestingly enough, Apple did have a major trademark problem early on. Just not the apple you are thinking of. https://en.wikipedia.org/wiki/Apple_Corp...e_Computer

The issue with trademark is always whether users are likely to be confused. Apple and iPhone have an established enough brand that people aren't likely to confuse some iphone hacking site for something coming from Apple. But Apple Corp didn't have that same recognition, and so confusion was more likely.

Similarly, Kodi has never had a chance to establish what the Kodi name actually means, so it's far more likely for users to be confused by other groups using the name, particularly if those users act as if they are representatives of Kodi or developers of Kodi, etc.

So if the kodi name has no defined meaning then it's just a word? I could or have named my dog kodi Smile or started a retail business http://www.aliexpress.com/store/all-whol...09205.html
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#36
(2016-02-11, 23:33)shearer69 Wrote: what about facebook groups that give support and help such as something like kodi help for beginners etc are they to be penalized along with kodi sites which supply builds and support etc free of charge no monetary gains surely you would have to prove they making money or receiving or asking donations

Well it's not only about that. If they do guides to harm the brand for e.g. via like illegal movie streaming, that's something we want to penalize. If they are playing within the rules, I don't think anyone will go after them.
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#37
You can name your dog Kodi, and nobody will confuse your dog with an open source media center.

However, when you put Kodi in your domain/website/fb group/twitter account/youtube channel, someone who is unfamiliar with it can very easily become confused with this random website being affiliated with the official Kodi application, and think this random website has ties to the XBMC Foundation.

Which is why we have a trademark policy: Official:Trademark_Policy (wiki)

Nobody is confusing 'sinful iphone' to being affiliated, because as Nate said above, they have an established brand. Confusion is far greater with our product. Also, these guys are pushing piracy addons we do not approve of, which hurts not only our brand, but also everyone else in the chain.

We've had major companies confuse us for the people behind the 'fully loaded' devices and the 3rd party piracy addons, and many people off the street recognize one of the team members wearing a shirt and putting us in that same category.

It's because of websites like above, youtube channels, etc.

We respect the people who 'give support' who respect us by not using our trademark in their name and also respect our rules with not focusing on piracy. This is how you show respect for the foundation and for all the hard work it has to get to this point.

The people who supply builds like Milhouse are fine, because he doesn't bundle tons of broken 3rd party piracy addons like most the other 'builds' out there. Those are not cool, and hurt the entire ecosystem. The only person who profits is the guys who sell those overpriced devices with addons which will break. We don't ever see a dime from them, and they cause us more headaches because their users come to our forums complaining the device 'we' sold them doesn't work anymore and we promised them 'free tv'..
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#38
Personally, I think the foundation DOES need to tackle this, There are far to many people making huge sums of money from kodi, I have even seen people charging for "custom builds", ie. modified skin with third party addons installed.

It's only a matter of time before someone points the finger here, And says you knew of the problems, But you are not proactive in making it difficult for these third party addons to use your platform. to stream this content...
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#39
So there are 3 issues?
1. Association confusion
2. Support Base confusion
3. People gaining financially from the brand?
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#40
(2016-02-11, 23:51)jas0npc Wrote: Personally, I think the foundation DOES need to tackle this, There are far to many people making huge sums of money from kodi, I have even seen people charging for "custom builds", ie. modified skin with third party addons installed.

It's only a matter of time before someone points the finger here, And says you knew of the problems, But you are not proactive in making it difficult for these third party addons to use your platform. to stream this content...
Dont get me wrong. I agree fully. It's just what criteria is used to identify which groups to penalise is the issue.
Is it just as simple as "3rd Party Addons for KODI" and "Support for unofficial 3rd Party KODI Addons". Is it just the termology? Is it 3rd party addons as a whole or is it the fact that developers/groups/individuals don't specifically state they are not connected to the foundation?
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#41
bottom line, what is actually being done? as i see a lot of posts, and msgs about youtubers, twitter accounts and website owners either shitting themselves, or saying they are ok as they are 'just a fan site'

is this thread just a call to arms... or has something been done or is something going to be done? you need to kill off all the leeches for sure who advertise on ebay, gumtree using the kodi/xbmc logo and brands, then i would say youtube, twitter, facebook, so called fan sites, get google to remove them from the search results as infringing copyright,

thoughts?
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#42
metalkettle, there are actually 7 total factors in what is called the "likelihood of confusion" test to determine if something could cause trademark confusion. To see the list, see here:

http://www.nolo.com/legal-encyclopedia/l...nging.html

And here's an example if looking through an old version of tvaddons.ag and seeing if it causes confusion. http://forum.kodi.tv/showthread.php?tid=...pid2030291

That same test can be done on any youtuber page or website.
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#43
(2016-02-11, 23:45)Razze Wrote: Well it's not only about that. If they do guides to harm the brand for e.g. via like illegal movie streaming, that's something we want to penalize. If they are playing within the rules, I don't think anyone will go after them.
Wanting to and being able to are not synonymous though.
Can there be a clear (ie easily enforceable) trademark infringement if there's demonstrably no confusion?
If not then it would be easy enough for 'kodimovies4free.com' to put a banner on every page saying 'TeamKodi fooking hate us, we don't care!' ---> no confusion.
And can you go after people selectively? If some breaches are allowed does the trademark stand? I don't know the answer to that btw.

If lawyers with Hollywood budgets can't easily shut down streaming sites posts like the OP's here just strike me as being wildly over-optimistic.
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#44
Funny thing about boxes sellers in the USA. If they are not incorporated they open themselves up for a personal lawsuit. They can potentially lose their house over selling illegal boxes and breaking trademarks.
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#45
(2016-02-11, 23:56)natethomas Wrote: metalkettle, there are actually 7 total factors in what is called the "likelihood of confusion" test to determine if something could cause trademark confusion. To see the list, see here:

http://www.nolo.com/legal-encyclopedia/l...nging.html

And here's an example if looking through an old version of tvaddons.ag and seeing if it causes confusion. http://forum.kodi.tv/showthread.php?tid=...pid2030291

That same test can be done on any youtuber page or website.

So I'm summary. If you don't have a website, youtube channel it twitter account using the word KODI all is fine?
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Call to Arms: Combatting Trademark Infringement3.323