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Please read |
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http://archives.gentoo.org/ml/gentoo-trustees/2004/09/msg_00022.xml and |
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http://dev.gentoo.org/~swift/name_logo.html before the rest of this. |
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|
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What we're doing here is essentially licensing our trademark, based on |
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various conditions. Therefore, this page _is_ a trademark license and |
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needs all the things they need. |
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|
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Trademark law in the U.S. basically dictates that if others are using |
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our trademark in our area, they need to be either licensed or |
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cease-and-desisted shortly after we become aware of them. If we just |
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ignore them, the trademark's considered abandoned and we lose its |
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ownership. |
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|
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It may also be helpful to examine our trademark registration at |
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http://tess2.uspto.gov/bin/showfield?f=doc&state=nnf8a6.3.1. The |
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description limits us to computer software optimized and customized for |
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particular applications, not computer software as a whole. |
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|
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As a result, we need to ensure that the quality of any licensees's |
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products using the Gentoo name meet the same standards Gentoo's products |
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do. Trademark licenses not including a quality-control provision are |
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called naked licenses, and they are invalid and may result in the loss |
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of our trademark rights. Not only is the QC provision needed, it also |
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must be enforced. |
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|
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The page should include a termination clause (e.g., "The Gentoo |
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Foundation may revoke your license to use the Gentoo trademark at any |
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time for any reason."). It should specify that the license is |
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nonexclusive and nontransferable, and it should also say that after |
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termination, any products must be either sold off within a reasonable |
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time (say 60 days) or, if they fail to meet Gentoo quality standards, |
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destroyed. |
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|
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It should say the licensee must submit a sample to the Gentoo Foundation |
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to satisfy the QC provision, and default to approval if no response is |
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received within, say, 15 days. In addition, it may be useful to require |
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additional samples over time. |
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|
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Thoughts? Discussion? Anyone still subscribed to this list? |
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|
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Thanks, |
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-- |
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Donnie Berkholz |
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Gentoo Linux |