edits from Tony Sebro

Updates section 2.3; requires that entities using the Mark
in product names agree to not contest the Conservancy's right to
the trademark.

Signed-off-by: Galen Charlton <gmc@esilibrary.com>

diff --git a/evergreen-trademark-policy.txt b/evergreen-trademark-policy.txt
index 465de60..1dfb070 100644 (file)
--- a/evergreen-trademark-policy.txt
+++ b/evergreen-trademark-policy.txt
@@ -83,17 +83,29 @@ to the other sections):
   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.  
+2.3 Using the Marks as part of a product and/or service name
+
+You may use the Marks as part of the name of a product and/or service 
+designed to work with Evergreen, provided that you abide by all of the 
+following requirements:
+
+*  Your offering's name as a whole (via its other components) must clearly 
+   and unambiguously distinguishes the offering from the Evergreen software 
+   itself;
+
+*  The general presentation of your offering must not imply any official 
+   association or identity with the Evergreen Project; and
+
+*  You must not attack the validity of the Marks, or engage in any conduct, 
+   directly or indirectly that would contest the Marks (whether their 
+   validity, enforceability, scope of coverage, or otherwise), any 
+   associated goodwill, or Conservancy's rights in and ownership of the
+   same.
+
+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
 
@@ -104,6 +116,10 @@ express written permission from Conservancy:
    identity of the Evergreen Project, the provenance of its software, 
    or the software's license.
 
+ * In any way that creates a likelihood of confusion between the Evergreen
+   Project and its software, and any third-party entity, product, or 
+   service.
+
  * In any way that indicates a greater degree of association between you
    and the Evergreen Project than actually exists.
 
@@ -159,9 +175,15 @@ guidelines provided in this Policy and the following specific guidelines.
 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.
+provide the Evergreen Project and Conservancy with written notice of your
+intent to use at least seven days before your initial use of the Marks on 
+merchandise, and (b) your use otherwise complies with this Policy.  To 
+provide written notice, please send a description of your intended use, 
+along with specimens (e.g., photos and/or graphic renderings) of your
+intended use to trademark@evergreen-ils.org.  The Evergreen Project and
+Conservancy reserve the right to disallow your use of Marks in 
+merchandising if it fails to comply with this Policy, and/or otherwise goes
+against of the spirit of the Evergreen Project and Conservancy's mission.  
 
 The Evergreen Project and Conservancy reserve their rights to object to 
 your merchandising use of the Marks if we determine that your use violates