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Relations (1)
related 2.00 — strongly supporting 3 facts
The relationship between open source hardware and trademark is defined by the legal framework surrounding branding, where creators use trademarks to distinguish their work from derivatives as noted in [1] and [2]. Furthermore, the inability to trademark specific branding elements has historically influenced the development and adoption of open source hardware definitions, as evidenced by [3].
Facts (3)
Sources
A Quick and Dirty Guide to Open Source Hardware Licensing michaelweinberg.org 2 facts
claimHardware branding is protected by trademark, and the open source hardware definition allows creators to choose not to license their trademarks to ensure the brand remains associated with the original creator.
claimWithholding blanket licenses on a trademark is a component of open source hardware practices because it allows others to build upon the hardware without implying that the original creator is responsible for the derivative works.
Brief History of Open Source Hardware Organizations and ... oshwa.org 1 fact
perspectiveBruce Perens justified his withdrawal from the Open Source Hardware (OSHW) Definition efforts by citing concerns that the selected logo could not be trademarked and that the new licenses could not be legally enforced.