I think this is a great idea. My biggest concern, however, is that
the panel of experts be properly vetted in the mission and work of the
DataPortability Project. Branding is not a process that should be
taken lightly, and a deep understanding of our positioning in the mind
of the consumer and the developer is a necessity.
Our new logo must serve a variety of functions.
That being said, I would propose propose the following:
1) We develop a creative brief for the panel outlining the specific
roles and functions that the logo must fulfill.
2) We create a discussion thread for nominations
3) We determine the ideal number of logos on the shortlist. 10-15
sounds about right.
I look forward to continued dialogue on this issue.
-Brady
As long as we have a solidly defined creative brief, and a panel of
experts that have been educated as to the mission and scope of the
DataPortability Project, as well as specific use case scenarios for
deployment of the logo (both on collateral, and as standards
compliance bagdes), I think we should be fine.
I have taken the liberty of creating a wiki page to house both the
creative brief, and a list of the panel members:
http://wiki.dataportability.org/display/dpmain/DataPortability+Logo+Creative+Brief
Let's keep all the conversation here for now.
Let it be known that although I think this is a great idea, I have no
problem pursuing the original plan of the Steering Group determining
the shortlist of entries.
Either way, we need to develop a process to determine what the
shortlist of candidates will actually be.
-Brady
In the EU for instance, prior use trademarks are generally not valid.
To protect a trademark in the EU, you MUST register it. In the United
States, you can protect a mark through public use. Some proactive
steps you can take are placing the ™ symbol next to the mark, and also
officially registering the mark with the USPTO (which allows you to
place the (R) symbol next to your mark).
Trademark law is a fairly complex legal discipline. Before we make any
definitive rulings about entries that may or may not be considered for
finalist status, I think it might be smart to consult a trademark
specialist.
We could remove any entries that are deemed to too closely resemble
prior trademarks – but those determinations would be mostly arbitrary
and subjective, and also rely on us performing an extensive search of
existing marks. Some simple searches return a variety of potential
marks:
http://tess2.uspto.gov/bin/gate.exe?f=login&p_lang=english&p_d=trmk
http://images.google.com/images?um=1&hl=en&q=dp+logo&btnG=Search+Images
Honestly, the safest thing we could probably do would be to refrain
from using the letters 'DP' anywhere in our logo.
Here is an example of some of the prior art available via a simple
USPTO Trademark search (there are over 550 results for registered
trademarks of DP):
http://marxtrotsky.com/propaganda/dp-examples.jpg
There might be software that can assist in the rebranding process, but
determining if a trademark might or will infringe upon an existing
mark is a task best left up to a legal/trademark expert.
--
Brady Brim-DeForest
Marx&Trotsky
www.marxtrotsky.com
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And Brady, given your URL, I'm impressed that you're interested in
respecting trademarks.
I will check with some IP attorneys as well. If we all reach out to
various legal contacts, I imagine we will be able to build a strong
consensus on this issue.
Mary, sounds like your contact may be immensely helpful. Definitely
relay to us what you discover!
Another Point:
We didn't do this initially, but I think it might be important to lay
out the license that the winning entrant grants to DataPortability.
Here are some suggested clauses that may or may not be helpful:
1. All entries must be (a) the undisputed original work of the
entrant. Entries must not be unlawful or breach any third party right.
2. Entrants, excluding the winning entrant, will retain all rights in
their entries. The winning entrant, on acceptance of the prize, will
exclusively license the copyright and all other intellectual property
rights in the entry to DataPortability. The winning entrant will be
entitled to use the winning entry for non commercial purposes (by
example, portfolio use).
Broader Question:
All of this brings to the table a much broader question. How are we
planning on licensing use of the DP logo and brand? Obviously the DP
Project's work is covered by the Creative Commons Attribution license,
but my understanding is that even when that is the case for open
source projects, for example, the logo/brand are usually restricted by
a more controlled license – thus preventing loss of control over the
trademark.
Lots of questions to ponder,
Brady
I promise I will. Look for the public unveiling later this year.
I would be more than happy to coordinate this effort.
Specifically, is our goal to select a definitive process to determine
what logos in the entry pool would be safe to include as finalists?
-Brady
...I'm thinking we want
to come up with a process for reviewing each submission purely in
terms of trademark "danger" or risk as defined in legal terms.
I think this is a great idea, although consulting counsel to determine
some basic guidelines before we begin selecting candidate would
probably be a good idea.
-Brady
http://www.flickr.com/photos/24566051@N07/2325871594/in/pool-dataportability/
http://www.flickr.com/photos/24421913@N07/2322909625/in/pool-dataportability/
http://www.flickr.com/photos/zloj/2289243912/in/pool-dataportability
http://www.flickr.com/photos/24137750@N03/2292733015/in/pool-dataportability/
http://www.flickr.com/photos/24117456@N06/2292133091/
My thought, for the panel, would be to upload the pool of candidates
for them to review to a Flickr account specifically set-up for that
purpose.
Oh, I almost forgot about the snails. Haha.
http://www.flickr.com/photos/sexyseo/2328314245/in/pool-dataportability
http://www.flickr.com/photos/bradybd/2305499967/in/pool-dataportability
How would you guys feel about showing all the entries to the panel,
with our favorites flagged?
Other Tasks:
1. Lock down our target of 10-15 entries on the shortlist. I am
leaning towards 10 entries. We don't won't to overwhelm voters.
2. Determine how best to transfer copyright to DP. Seeing as DP is
not yet a formal legal entity, we should find clarity on this point
with a legal expert as well. Speaking of which, I would be more than
happy to assist in setting DP up as a non-profit here in the States.
That, however, is a topic for another conversation.
-Brady
Because the contest had no terms and conditions, we need the winning
entrant to sign over ownership of the design to DP. I am speaking
with an attorney about this Monday.
Thanks,
Brady
This is a great resource. Definitely a good foundation on which to
build our own contribution agreements.
As for the the logo itself, the recommendation from the two attorneys
I have consulted with was to prepare an agreement between the designer
and DataPortability transferring copyright to DataPortability.
I really like the philosophical implications of a contribution
agreement though, and I think we should investigate it more closely.
Back to the question of the logo... One of the major hold-ups here,
however, is that DataPortability is not a legal entity – which begs
the question, who should the copyright be transferred to?
Any thoughts?
-Brady
http://groups.google.com/group/dataportability-public/browse_thread/thread/af624945a31b0b64
I made a small adjustment to the public voting period – my thought is
that 2-3 days is not enough time to actively engage the public in the
voting process. I feel that a week is a reasonable amount of time.
What do you think?
I am going to read over in more depth now. Again, thanks so much for
putting this together!
Talk soon,
Brady
Based on my conversations with attorneys, and my own research and
experience, here are my conclusions:
1.) We must be diligent in our search for prior art that may cause
infringement issues at a later time.
2.) It would be a good idea to hire a trademark search service to
conduct a due diligence search/screening on our new logo(s).
3.) As soon as we form a legal entity, we should file a trademark
application for the DP Logo.
This all begs the question, should we perform a search on our final
logo candidate, or should we perform a search on the 10 finalist
logos?
This leads me to believe that we should have some kind of
pre-qualifying round, before the judges even begin to review entries,
to disqualify logos that may be confusingly similar to existing marks.
Thoughts?
-Brady
Guys,
I am not a lawyer (but wouldn’t this make a great episode of Ally McBeal? No, seriously…)
I’ve always admired the W3C for their approach to intellectual property, which is “to encourage the wide spread dissemination of W3C work, and to preserve the integrity of W3C work by eliminating confusion about its source and status.”
Check out the W3C IP FAQ at http://www.w3.org/Consortium/Legal/IPR-FAQ-20000620
I know TBL reads the threads in here occasionally. If anybody has him in their network, maybe they could ask for an intro to the W3Cs Big Brain on intellectual property for global standards.
Gordon
After today's Steering Conference Call:
1. Expert Panel:
• Malthe Siggurdson, developed the Skype brand.
• Fred Oliveira, Webreakstuff.com
• Tom Coats, Yahoo
• Ashley H., Yahoo
2. Finalist Candidates: We reached the conclusion that 15 would be a
manageable number, which would give us some wiggle room if some of the
logos are disqualified for IP reasons.
3. Trademark Vetting: We reached the conclusion that the 15
finalists would be vetted for trademark suitability before the public
vote.
------------------------
Responses to above comments:
@Phil: You are absolutely right. The symbol mark is what we need to
clear. I am looking for an entity that may be able to donate these
services or sponsor this process.
@Mary: Your comments are right on. Sounds like we are reaching consensus here.
I just wanted to jump in and respond to your note from 5pm yesterday...
Fred Oliveira runs Webreakstuff.com, and is building the public voting
system. Tom Coats and Ashley H. are from Yahoo. Chris reached out to
Tom and Ashley, so he will have to provide more background information
on the two of them. I personally have no preference for how many
judges are on the panel. Chris had expressed concern that the higher
the number of judges, the longer the process would take, but my
feeling is the more the merrier.
As for the Creative Brief, I think you did a wonderful job Mary. I've
added a bit to it over the last couple of days, but it looks
wonderful, and I think it is an extremely important document/resource
for the expert panel. And thanks for setting up the Skype chat room.
Great idea!
As for the logo itself, I agree 100% with you – I think we should
avoid logos that look too similar to the current logo. This is our
chance to re-brand.
========== Logo Contest Timeline ==========
I feel like there has not been much response to the Creative Brief, so
I want to make sure that at least the timeline goes out over the
discussion list. To read the brief in its entirety, please visit:
http://wiki.dataportability.org/display/dpmain/DataPortability+Logo+Creative+Brief
-------------
Judges will review the designs only; the Project, with the input of
the winning designer, will create a brand identity and standards for
using the logo. We anticipate that each judge need spend only two to
three hours both in an initial review of the submissions and in a
potential "lightning round" that happens only if there is a wide
disparity in the panel's selections.
Ending March 11: Call for Entries
March 24-31: Judges review all submissions and choose their fifteen best
April 1-5: DataPortability reviews their selections and identifies
common choices. If there are few common choices, we will prepare a
second round of voting in which a final group of fifteen designs is
identified.
April 7-12: If the panel's selections are all over the map, a
lightning round begins, in which the panel votes on the narrowed
choices to select the final fifteen.
Mid-April: Vetting Logo Entries for Trademark Suitability. Of the
fifteen finalists, a certain number may be disqualified, bringing us
to a final number of between 10-15 entries.
April 14-April 21: The public votes.
April 21-26: DP Project begins preparation for announcement of the
winner during Web 2.0 conference in San Francisco. TO BE DECIDED:
Whether to secure a sponsor for creation of swag items.
April 28: DataPortability Project announces winner.
The Public Voting System was generously donated by Webreakstuff.com
and hosted by TechCrunch.
As soon as we get final word from him, I think we can point the judges
in that direction. Lets take one final peek at the Creative Brief and
make sure everything is ship shape. Also, lets make sure that they
are aware that they are selecting their 15 favorites.
Do we have a final list of the expert panel members?
@Elias:
Thanks for summarizing everything. Great overview.
1. As for TechCrunch and Webreakstuff, I will touch base with them
both today to solicit a status update.
2. Prize allocation: Great question. Any ideas?
3. Publicity: TechCrunch will obviously be covering the vote – but we
do need to develop a plan to create maximum exposure for the vote.
=======
Issues for Discussion:
1. Are we including entries that were submitted prior to the open
call for logo submissions in February?
-----
Thanks for everything!
-Brady
I think it would be wise to remove logo #'s 18 and 19 from the
shortlisting application as they are the original logo. One of the
judges has already selected them as faves... Too bad we didn't catch
that beforehand.
The logos that I am siggesting be removed are:
http://flickr.com/photos/12338242@N00/2177952816/in/pool-dataportability
http://flickr.com/photos/12338242@N00/2177976284/in/pool-dataportability
-Brady
--
Navarr
http://www.gtaero.net
Not your fault at all. Thanks for removing those - I really appreciate it!
-Brady