On Monday 27 September 2004 02:10, Donnie Berkholz wrote:
> Please read
> http://archives.gentoo.org/ml/gentoo-trustees/2004/09/msg_00022.xml and
> http://dev.gentoo.org/~swift/name_logo.html before the rest of this.
> What we're doing here is essentially licensing our trademark, based on
> various conditions. Therefore, this page _is_ a trademark license and
> needs all the things they need.
> Trademark law in the U.S. basically dictates that if others are using
> our trademark in our area, they need to be either licensed or
> cease-and-desisted shortly after we become aware of them. If we just
> ignore them, the trademark's considered abandoned and we lose its
I would like to add here that in any case the logo's are copyrighted and
so can not be forfeited (within 80 years). I believe they are also part
of the trademarks, but also fall under copyright protection.
> It may also be helpful to examine our trademark registration at
> http://tess2.uspto.gov/bin/showfield?f=doc&state=nnf8a6.3.1. The
> description limits us to computer software optimized and customized for
> particular applications, not computer software as a whole.
> As a result, we need to ensure that the quality of any licensees's
> products using the Gentoo name meet the same standards Gentoo's
> products do. Trademark licenses not including a quality-control
> provision are called naked licenses, and they are invalid and may
> result in the loss of our trademark rights. Not only is the QC
> provision needed, it also must be enforced.
Nice to know. I'm in favour of it in any case.
> The page should include a termination clause (e.g., "The Gentoo
> Foundation may revoke your license to use the Gentoo trademark at any
> time for any reason."). It should specify that the license is
> nonexclusive and nontransferable, and it should also say that after
> termination, any products must be either sold off within a reasonable
> time (say 60 days) or, if they fail to meet Gentoo quality standards,
We should certainly add that.
> It should say the licensee must submit a sample to the Gentoo
> Foundation to satisfy the QC provision, and default to approval if no
> response is received within, say, 15 days. In addition, it may be
> useful to require additional samples over time.
> Thoughts? Discussion? Anyone still subscribed to this list?
15 days might be short, and I don't want to license by default in any
case. Maybe the 15 days approval could hold only for the sample
approvement, but only in the case of registered mail with delivery
notification (after delivery).
Paul de Vrieze