Commentary:Use for Software

Commentary on Use for software

These guidelines have taken the view that any modification to the software from that found in the official repository requires a trademark license. Some open source software providers have had their product combined with malicious software, which negatively affects the reputation of the open source project. For this reason, any software that has been modified is considered non-authentic, perhaps counterfeit, software if distributed using the trademark.

Uses for which we are granting a license

U.S. law: A license is a defense to an infringement claim, i.e., but for the license the accused use would be a trademark infringement.

U.S. law: Limitations on when trademark may be used should be expressed as condition of license, not covenant, so that a failure to meet the limitation is a basis for a trademark infringement claim.

Uses we consider non-infringing

Because the goods discussed in this section, software, are identical to the trademark owner's goods, the uses described in this section are for the distribution of authentic (unmodified) goods only. Distribution of modified software requires a license.