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25 Fordham Intell. Prop. Media & Ent. L.J. 407 (2014-2015)
Hacking Trademark Law for Collaborative Communities

handle is hein.journals/frdipm25 and id is 425 raw text is: Hacking Trademark Law for Collaborative Communities Yana Welinder & Stephen LaPorte* INTRODUCTION ..................................................... 409 I. WHY TRADEMARK LAW IS PROBLEMATIC FOR COLLABORATION ....................................... 414 A. The Requirements of Trademark Protection ............... 414 1. The Naked Licensing Doctrine ........................ 418 2. Distinctiveness and the Risk of Genericide ...... 423 B. Nature of Collaborative Communities ....................... 425 1. Introduction to Collaborative Communities .... 427 a) Open Source Communities .................. 433 b) Free Culture Communities .................. 435 2. Trademarks in Open Source and Open C ulture Licenses .............................................. 438 3. Trademark Protection for Collaborative Yana Welinder is Senior Legal Counsel, Wikimedia Foundation; Non-Resident Fellow, Stanford Center for Internet and Society; LL.M., Harvard Law School; J.D., University of Southern California; LL.B., London School of Economics and Political Science. Stephen LaPorte is Legal Counsel, Wikimedia Foundation; J.D., University of California, Hastings College of the Law. The views expressed in this Article do not necessarily reflect the views of our employers or any other organization. We would like to thank Shaila Nathu and Jessica Tam for their excellent research assistance. We also would like to thank BJ Ard, Thomas Barton, Andrea Rush, Joanna Sax, Luis Villa, participants at the NYU 2nd Thematic Conference on Knowledge Commons, the 2014 Works-In-Progress Intellectual Property Conference at Santa Clara University School of Law, and the staff and affiliates at the Stanford Center for Internet and Society for their feedback on this research. Finally, we would like to thank the Wikimedia community for the inspiration and for their strong commitment to ensuring trademark practices fit collaborative values.

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