Model Trademark Guidelines - Revision history

Pam: edited sentence previously added

2015-02-05T22:51:15Z

edited sentence previously added

Pam: Added reference to nominative fair use of logos

2015-02-05T22:50:05Z

Added reference to nominative fair use of logos

Pam: removal of a comma, minor sentence reordering

2015-02-05T22:47:03Z

removal of a comma, minor sentence reordering

Pam: Change "because" to "when" in one spot

2015-02-05T22:34:50Z

Change "because" to "when" in one spot

Pam: Minor edits, e.g., "Guidelines" to "Policy"

2015-02-05T18:30:10Z

Minor edits, e.g., "Guidelines" to "Policy"

Pam: Protected "Model Trademark Guidelines" ([Edit=Allow only administrators] (indefinite) [Move=Allow only administrators] (indefinite))

2014-01-17T03:49:31Z

Protected "Model Trademark Guidelines" ([Edit=Allow only administrators] (indefinite) [Move=Allow only administrators] (indefinite))

Pam at 23:54, 16 January 2014

2014-01-16T23:54:21Z

Pam at 23:10, 16 January 2014

2014-01-16T23:10:15Z

Pam at 19:13, 16 January 2014

2014-01-16T19:13:10Z

Pam at 19:11, 16 January 2014

2014-01-16T19:11:25Z

Show changes

@@ Line 229: / Line 229: @@
 With our "Foobar Certification" example above, the person offering the certification would be allowed to say, under the nominative fair use doctrine, that she is offering "Maude's Certification for Foobar software."
-It is almost never the case that using a Logo will be considered a nominative fair use since it will be a rare case where the logo is needed for informational purposes.
+It is almost never the case that using a Logo will be a nominative fair use since it will be a rare case where the logo is needed for strictly informational purposes.
 ===Proper trademark use===

← Older revision		Revision as of 22:50, 5 February 2015
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	With our "Foobar Certification" example above, the person offering the certification would be allowed to say, under the nominative fair use doctrine, that she is offering "Maude's Certification for Foobar software."		With our "Foobar Certification" example above, the person offering the certification would be allowed to say, under the nominative fair use doctrine, that she is offering "Maude's Certification for Foobar software."
		+
		+	It is almost never the case that using a Logo will be considered a nominative fair use since it will be a rare case where the logo is needed for informational purposes.

	===Proper trademark use===		===Proper trademark use===

@@ Line 93: / Line 93: @@
 ====Distribution of unmodified source code or unmodified executable code we have compiled====
-When you redistribute an unmodified copy of our software, you are not changing the quality or nature of it.  Therefore, you may retain the Word Marks and the Logos we have placed on the software, to identify your redistribution -- whether that redistribution is made by optical media, memory stick or download of unmodified source and executable code.  This kind of use only applied if you are redistributing an official distribution from this Project that has not been changed in any way. You can find files for the Logos and approved designs for packaging on our <<Brand Standards>> page.
+When you redistribute an unmodified copy of our software, you are not changing the quality or nature of it.  Therefore, you may retain the Word Marks and the Logos we have placed on the software to identify your redistribution -- whether that redistribution is made by optical media, memory stick or download of unmodified source and executable code.  This kind of use only applied if you are redistributing an official distribution from this Project that has not been changed in any way. You can find files for the Logos and approved designs for packaging on our <<Brand Standards>> page.
 ====Distribution of executable code that you have compiled, or modified code====
@@ Line 101: / Line 101: @@
 <<Example #1: This source code is distributed with an "--enable-official-branding" flag. By default, this software will compile without official branding. As long as you do not modify the code or enable this flag before compiling, any use of the <<~Mark>> in the compiled code is noninfringing.>>
-Of course, you can place your own trademarks or logos on versions of the software to which you have made substantive modifications, because by modifying the software, you have become the origin of that exact version.  In that case, you should not use our Logos.  Our source code version therefore does not contain our Logo data files.
+Of course, you can place your own trademarks or logos on versions of the software to which you have made substantive modifications, because by modifying the software you have become the origin of that exact version.  In that case, you should not use our Logos.  Our source code version therefore does not contain our Logo data files.
 ====Statements about compatibility, interoperability or derivation====
@@ Line 137: / Line 137: @@
 ===Uses we consider infringing without seeking further permission from us===
-We will likely consider using the Marks in a software distribution that combines our software with any other software program an infringement of our Marks. In addition to creating a single executable for both software programs, we would consider your software "combined" with ours if installing our software automatically installs yours. We would not consider your software "combined" with ours if it is on the same media but requires separate, independent action to install it.
+We will likely consider using the Marks in a software distribution that combines our software with any other software program an infringement of our Marks. We would consider your software "combined" with ours if you create a single executable for both software programs, as well as if by installing our software it automatically installs yours.  We would not consider your software "combined" with ours if it is on the same media but requires separate, independent action to install it.
 ==Use for non-software goods and services<ref>[[Commentary:Use for Non-Software|Go to the Commentary page for Use for non-software goods and services]].</ref>==

@@ Line 68: / Line 68: @@
 ==Universal considerations for all uses<ref>[[Commentary:Universal Considerations|Go to the Commentary page for Universal considerations for all uses]].</ref>==
-Whenever you use one of the Marks, you must always do so in a way that does not mislead anyone, either directly or by omission, about exactly what they are getting and from whom. The law reflects this requirement in two major ways described in more detail [[#What trademark law is about|below]]: it prohibits creating a [[#What is "likelihood of confusion"?|"likelihood of confusion"]] but allows for [[#What is "nominative" use?|"nominative use."]] For example, you cannot say you are distributing the <<~Mark>> software when you're distributing a modified version of it, because people would be confused because they are not getting the same features and functionality they would get if they downloaded the software directly from us. You also cannot use our logo on your website in a way that suggests that your website is an official website or that we endorse your website. You can, though, say you like the <<~Mark>> software, that you participate in the <<~Mark>> community, that you are providing an unmodified version of the <<~Mark>> software, or that you wrote a book describing how to use the <<~Mark>> software.
+Whenever you use one of the Marks, you must always do so in a way that does not mislead anyone, either directly or by omission, about exactly what they are getting and from whom. The law reflects this requirement in two major ways described in more detail [[#What trademark law is about|below]]: it prohibits creating a [[#What is "likelihood of confusion"?|"likelihood of confusion"]] but allows for [[#What is "nominative" use?|"nominative use."]] For example, you cannot say you are distributing the <<~Mark>> software when you're distributing a modified version of it, because people would be confused when they are not getting the same features and functionality they would get if they downloaded the software directly from us. You also cannot use our logo on your website in a way that suggests that your website is an official website or that we endorse your website. You can, though, say you like the <<~Mark>> software, that you participate in the <<~Mark>> community, that you are providing an unmodified version of the <<~Mark>> software, or that you wrote a book describing how to use the <<~Mark>> software.
 This fundamental requirement, that it is always clear to people what they are getting and from whom, is reflected throughout this Policy. It should also serve as your guide if you are not sure about how you are using the Marks.

@@ Line 17: / Line 17: @@
 This document, the "Policy," outlines the <<~ProjectName>> project's (the "Project") policy for the use of our trademarks.  While our software is available under a free and open source software license, the copyright license does not include an implied right or license to use our trademark.
-The role of trademarks is to provide assurance about the quality of the products or services with which the trademark is associated, but because an open source license allows your unrestricted modification of the copyrighted software, we cannot be sure that your modifications to the software are ones that will not be misleading if distributed under the same name. Instead, this Policy describes the circumstances under which you may use our trademarks.
+The role of trademarks is to provide assurance about the quality of the products or services with which the trademark is associated. But because an open source license allows your unrestricted modification of the copyrighted software, we cannot be sure that your modifications to the software are ones that will not be misleading if distributed under the same name. Instead, this Policy describes the circumstances under which you may use our trademarks.
 In this Policy we are not trying to limit the lawful use of our trademarks, but rather describe for you what we consider the parameters of lawful use to be. Trademark law can be ambiguous, so we hope to provide enough clarity for you to understand whether we will consider your use licensed or non-infringing.
-The sections that follow describe what trademarks are covered by these Guidelines, as well as uses of the trademarks that are allowed without additional permission from us. If you want to use our trademarks in ways that are not described in this Policy, please see [[#Where to get further information|"Where to get further information"]] below for contact information. Any use that does not comply with this Policy or for which we have not separately provided written permission is not a use that we have approved, so you must decide for yourself whether the use is nevertheless lawful.
+The sections that follow describe what trademarks are covered by this Policy, as well as uses of the trademarks that are allowed without additional permission from us. If you want to use our trademarks in ways that are not described in this Policy, please see [[#Where to get further information|"Where to get further information"]] below for contact information. Any use that does not comply with this Policy or for which we have not separately provided written permission is not a use that we have approved, so you must decide for yourself whether the use is nevertheless lawful.
 ==Our commitment to open source principles<ref>[[Commentary:Our commitment|Go to the Commentary page for Our commitment to open source principles]].</ref>==

← Older revision	Revision as of 03:49, 17 January 2014
(No difference)

← Older revision		Revision as of 23:54, 16 January 2014
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−	These guidelines are available under a [http://creativecommons.org/licenses/by~~-sa~~/3.0/ Creative Commons Attribution~~-ShareAlike~~ license], which means that you can modify the content as much as you like.	+	These guidelines are available under a [http://creativecommons.org/licenses/by/4.0/ Creative Commons Attribution license], which means that you can modify the content as much as you like.

	However, one of the goals of the Model Trademark Guidelines is to create some common understanding in the open source community about the appropriate use of other's trademarks. For that reason, we hope that you retain the major concepts embodied in the guidelines and bring any changes that you believe would be beneficial in general back to this site for discussion in the further evolving [[Working_drafts\|drafts of the guidelines]]. And please don't forget the attribution in your version: "Derived from Model Trademark Guidelines, available at www.modeltrademarkguidelines.org."		However, one of the goals of the Model Trademark Guidelines is to create some common understanding in the open source community about the appropriate use of other's trademarks. For that reason, we hope that you retain the major concepts embodied in the guidelines and bring any changes that you believe would be beneficial in general back to this site for discussion in the further evolving [[Working_drafts\|drafts of the guidelines]]. And please don't forget the attribution in your version: "Derived from Model Trademark Guidelines, available at www.modeltrademarkguidelines.org."

@@ Line 5: / Line 5: @@
 The Guidelines use the convention of enclosing portions in double carets (<< >>) that need to be customized for your individual use. Also, we have used "~Mark" (a tilde before the word "Mark") for those places where you should insert your own trademark and "~MarkOwner" for the name of the owner of the trademarks.
-==Model Trademark Guidelines==
+==[[Model Trademark Guidelines|Model Trademark Guidelines 1.0]]==
 __TOC__

← Older revision		Revision as of 19:13, 16 January 2014
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	<references />		<references />

		+	==Working Revision==

	[[Draft Version 1.1\|Here's]] the current working draft.		[[Draft Version 1.1\|Here's]] the current working draft.