From 876411c593356c84cc6384838775192a2f8cd00f Mon Sep 17 00:00:00 2001 From: Galen Charlton Date: Thu, 6 Sep 2012 13:44:21 -0400 Subject: [PATCH] trademark policy draft from Tony Sebro as of 9/5/2012 --- evergreen-trademark-policy.txt | 208 +++++++++++++++++++++++++++++++++++++++++ 1 file changed, 208 insertions(+) create mode 100644 evergreen-trademark-policy.txt diff --git a/evergreen-trademark-policy.txt b/evergreen-trademark-policy.txt new file mode 100644 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 +. + +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 or by writing to +Evergreen Project c/o Software Freedom Conservancy, 137 Montague St. +Ste 380, Brooklyn, NY 11201-3548. + -- 2.11.0