Update 3: NZ Koha trademark

We have received a response from PTFS to our letter outlining the grounds on which we object to their trade mark application and inviting them to transfer their application to the Trust.

The response advised that they are considering organisations as possible candidates to hold the NZ trademark and we were welcome to submit a proposal which would be required to address a number of criteria set by PTFS.

Te Horowhenua Trust, trading as Horowhenua Library Trust, is the nonprofit body elected by the Koha global community to hold community assets in safe keeping. We have spent a number of years negotiating with PTFS and would prefer now to trust a transparent and defined process conducted through IPONZ as to the proper ownership of the mark in New Zealand.

Update 2 on NZ Koha Trademark

Well things have been very quiet on this front while the lawyers work through the process.

We are being represented by Andrew Matangi from Buddle Findlay with input from Rochelle Furneaux and feel very confident that he has a good understanding of the Koha journey over the last decade or so and how we have got to where we are. He is also a specialist in this area so we have been quite relieved to have his hand on the tiller and plotting the course. These things take time and have to be done discretely of course, but a key date has passed and I think it is okay now to update everyone on progress.

A letter was sent to PTFS on the 19th January essentially outlining the grounds on which our objection to their NZ trademark application is based and asking them to assign their NZ trade mark application to the Trust. We also attached a Koha Trademark Usage Policy which the Library Trust recently adopted, following consultation with the Koha Subcommittee. We advised that unless a response was received by noon NZ time on the 1st of February we would file formal opposition.

Well that date has passed without word and so a formal Notice of Opposition is being prepared. The process from here is set out on the IPONZ website.

So there it is, due process being followed and no resolution in sight but we are still very confident that the right decision will be made.

Update on NZ Koha trademark

Who would have thought that one little blog post on a Tuesday morning would have generated so much interest and debate and support.

Horowhenua Library Trust have been bowled over by the generosity of a global community who are as concerned as we are at the PTFS New Zealand trade application to register the mark Koha in relation to software.

We have received hundreds of emails offering support for fighting the ‘good fight’. I haven’t quite replied to them all yet – but I am trying . The press have provided balanced coverage with Radio NZ, TV1 and TV3 all reporting the story pretty accurately here, generating much discussion in Maori and mainstream media forums.

We have accumulated donations of about $12k, mostly through $20 and $50 donations from individuals around the globe (including many Americans) and the generosity of the legal profession offering free representation is amazing.

We have accepted the services of Sacha Judd, Andrew Matangi & John Glengarry from Buddle Findlay, assisted by Rochelle Furneaux, who have agreed to work pro-bono for us (bless them all I say). They have been guiding us for the last few days and are busy preparing a objection to the PTFS / Liblime application should one be necessary.

We believe we are well placed now to mount a strong legal challenge and we think we have enough in donations to cover filing fees, document costs and other disbursements. While It goes completely against my nature to turn down donations to Horowhenua Library Trust, in all conscience we should stop the fundraising drive at this stage. Rest assured if is necessary to challenge the PTFS application all the way to the High Court then we may well be coming back cap in hand!

PTFS have issued a press release saying they are willing to hand the NZ Koha trademark over to a non-profit representing the Koha community. That organisation is the Horowhenua Library Trust, elected by the Koha global community, and we would be delighted to accept that offer and add the NZ Koha trademark to the store of other Koha community property we currently hold in trust ie domain names and trademarks. It would be a very simple matter for PTFS to assign the existing application to Horowhenua Library Trust and we invite PTFS to do so. The Library Trust has never stopped any Koha user or developer or vendor from carrying out their business. Our track record over the last 12 years of releasing the Koha code and supporting the Koha community to go about its business unimpeded is exemplary and we have no intention of ever changing that approach.