trademark policy draft from Tony Sebro as of 9/5/2012

diff --git a/evergreen-trademark-policy.txt b/evergreen-trademark-policy.txt
new file mode 100644 (file)
index 0000000..b2e53d2
--- /dev/null
+++ b/evergreen-trademark-policy.txt
@@ -0,0 +1,208 @@
+EVERGREEN TRADEMARK POLICY
+last modified: September 5, 2012
+
+1 Purpose
+
+The Evergreen Project is a member project of Software Freedom
+Conservancy ("Conservancy"). Conservancy holds rights in the Marks
+(as defined below) on behalf of the Evergreen Project in accordance 
+with its non-profit charitable mission.
+
+Conservancy has adopted this Policy to protect the Marks and to 
+make sure that the identity of Evergreen software and its free and 
+open source nature is clear to everyone. By using this Policy, the 
+Evergreen Project can spread the use of the Evergreen software 
+while making sure that the Marks (as defined below) are protected 
+in a way that's consistent with U.S. trademark law.  This Policy is 
+written to allow all clear and appropriate use of the Marks while 
+disapproving use of the Marks in ways that could confuse users as 
+to where the software came from, or that implies an otherwise non-
+existent association with the Evergreen Project. By adhering to 
+this Policy, you help to promote to the public the freedom to use 
+and develop the Evergreen software.
+
+Throughout this Policy, the word "Marks" refers to the  
+following:
+
+ * The Evergreen graphic mark ("the Logo"), registered as US 
+   Trademark Reg. No. 3,454,582.  The Logo is available for 
+   download here:  [LINK]
+
+ * the word marks "Evergreen," "Evergreen ILS," and "EGILS".
+
+This Policy is only concerned with the Marks, and does not address
+any copyrights associated with the Evergreen software. The Evergreen 
+Project produces free and open source software; the default 
+copyright license(s) can be found here: http://git.evergreen-ils.org/?p=Evergreen.git;a=blob;f=COPYING;h=dc9b9f00c958b3efdeeffb92e1909962c0745d3c;hb=HEAD
+
+2 Guidelines for using the Marks
+
+2.1 Trademark symbol on first mention
+
+he first prominent mention of a Mark should be immediately 
+followed by a symbol for, as applicable, a registered trademark
+(^®) or an unregistered trademark (^TM). For example: "Evergreen^®"
+or "EGILS^TM".
+
+This requirement is waived in all contexts where such marks are 
+not required to protect the intellectual property rights associated
+with the Marks, such as email, online discussion, and academic papers.  
+We encourage the use of the applicable symbols whenever possible, but 
+recognize that many users will omit them in non-commercial and 
+informal contexts.
+
+2.2 Use of the Marks without written permission
+
+You may use the Marks without prior written permission (subject 
+to the other sections):
+
+1. To refer to the Evergreen software in substantially unmodified 
+  form. "Substantially unmodified" means built from the source 
+  code provided by the Evergreen Project, possibly with minor 
+  modifications including but not limited to: the enabling or 
+  disabling of certain features by default, translations into 
+  other languages, changes required for compatibility with a 
+  particular operating system distribution, or the inclusion of 
+  bug-fix patches).
+
+2. To identify the Evergreen software as a distinct component of a 
+  software offering.
+
+3. To factually refer to the Evergreen Project itself, its products, 
+  or its protocols.
+
+4. When referring to Evergreen software that is not substantially 
+  unmodified, to say that such software is a "derivative of" 
+  or "based on" Evergreen.
+
+5. When referring to communities of users in the context of their use 
+  of the Evergreen software, e.g., virtual communities, community-
+  moderated online forums, consortia of organizational users, etc. 
+  ("User Communities"), provided that the Marks are not used to suggest 
+  endorsement of any User Community by the Evergreen Project.  User 
+  Communities with graphic identities should consult Section 2.5 of 
+  this Policy for further guidance.  
+
+2.3 Using the Marks as part of a product name
+
+You may use the Marks as part of the name of a product designed 
+to work with Evergreen, so long as the name as a whole (via its other 
+components) clearly and unambiguously distinguishes the product 
+from Evergreen software itself, and the general presentation of the 
+product does not imply any official association or identity with 
+the Evergreen Project. Because it would be awkward to attach a 
+trademark symbol to a portion of a larger name whose other 
+portions might themselves be trademarked, the requirement to 
+display the symbol is waived for this circumstance.  
+
+2.4 Prohibited usages of the Marks
+
+You may not use the Marks in any of the following ways without 
+express written permission from Conservancy:
+
+ * In any way that creates a likelihood of confusion as to the 
+   identity of the Evergreen Project, the provenance of its software, 
+   or the software's license.
+
+ * In any way that indicates a greater degree of association between you
+   and the Evergreen Project than actually exists.
+
+ * In any way that implies a designated successor to the Evergreen 
+   software (e.g., "Evergreen++" is not permitted).
+
+ * In any way that indicates that Evergreen favors one distribution,
+   platform, product, etc. over another except where explicitly indicated
+   in writing by the Evergreen Project.
+
+ * In any other way that dilutes or otherwise infringes upon the 
+   trademark rights of Conservancy and the Evergreen Project in the 
+   Marks.
+
+2.5 Guidelines for using the Logo
+
+To prevent the creation of separate graphic depictions of a Mark 
+that would intentionally or inadvertently compete with and dilute 
+the Logos, your use of the Logo must comply with the general usage 
+guidelines provided in this Policy and the following specific guidelines.  
+
+ * When in use, the Logo must be displayed in its entirety, without 
+   being cropped, partially obscured, or deconstructed into sub-elements.  
+   The use of a partially obscured, cropped, or deconstructed Logo is
+   prohibited.
+
+ * Changing the aspect ratio, perspective, angle of rotation, layout, 
+   color scheme (except to black-and-white or gray scale) of the Logo is 
+   prohibited. 
+
+ * Changing graphic elements of the Logo, including font or substituting
+   the pine needle element for other elements, is prohibited.
+
+ * User Communities can incorporate the Logo into their graphic identities, 
+   including User Community-specific graphic marks, provided that they 
+   abide by the other terms of this Policy.  
+ 
+ * In addition, User Communities that use the word mark "Evergreen" in 
+   their graphic identities must incorporate the Logo into their graphic 
+   identity, if such a Logo exists, to prevent the creation of a 
+   separate graphic depiction of the "Evergreen" word mark that would 
+   inadvertently compete with and dilute the Logo.  For example, the 
+   fictitious User Community "Douglas Fir Hackers" can decide to 
+   incorporate the Logo into their graphic identity if they so choose.  
+   However, the also fictitious "Alaska Evergreen Society" User Community 
+   uses the "Evergreen" word mark in its name, and therefore *must* use a 
+   graphic identity that incorporates the Logo.  When incorporated, the
+   Logo must be used in its entirety, and in accordance with the other 
+   terms of this Policy.  User Community graphic identities that depict 
+   the "Evergreen" word mark without using the Logo must be approved by 
+   both the Evergreen Project and Conservancy. 
+ 
+2.6 Use of the Marks in merchandising
+
+You may create and sell merchandise using the Marks provided that (a) you 
+provide the Evergreen Project and Conservancy with specimens of such use at
+least seven days before your initial use of the Marks on merchandise, and 
+(b) your use otherwise complies with this Policy.
+
+The Evergreen Project and Conservancy reserve their rights to object to 
+your merchandising use of the Marks if we determine that your use violates 
+the other provisions of this Policy.   
+
+2.7 Limitations to this Policy
+
+This Policy does not confer any rights to use the trademarks "Software
+Freedom Conservancy," "Conservancy," or to use any other trademarks other
+than the Marks listed in Section 1. This Policy does not authorize you to
+act as an agent for Conservancy, enter into any agreement on behalf of
+or otherwise create any liability for the Evergreen Project or the
+Conservancy.
+
+3 Rights reserved by Conservancy
+
+Conservancy reserves the sole right to:
+
+ * Determine compliance with this Policy.
+
+ * Modify this Policy in ways consistent with its mission of 
+   protecting the public.
+
+ * Grant exceptions to this Policy, of any kind and for any reason 
+   whatsoever, other clauses notwithstanding.
+
+4 Questions
+
+This Policy is designed to keep the Marks safe in order to 
+protect this software's reputation, earned by the contributions 
+of the Evergreen Project to the free and open source software 
+community. If you see any use of the Marks anywhere that you 
+think violates this Policy or otherwise goes against the spirit 
+of the Evergreen Project and Conservancy's mission, please bring 
+it to Conservancy's attention by contacting us at 
+<trademark@sfconservancy.org>. 
+
+If you have questions about using the Marks, or if you think you 
+should be able to use the Marks for any purpose not allowed by 
+this Policy and would like permission for that use, please contact 
+Evergreen by emailing <trademark@sfconservancy.org> or by writing to 
+Evergreen Project c/o Software Freedom Conservancy, 137 Montague St. 
+Ste 380, Brooklyn, NY 11201-3548.
+