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Sven Vermeulen wrote: |
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| Not really, since we aren't discussing "any software or computer hardware |
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| product". That's also why I proposed to alter this particular paragraph so |
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| it also refers to "any reference to Gentoo or the Gentoo Project" (see my |
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| first mail on this subject in trustees@). |
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|
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You have a point, so I went and looked up some info on this. |
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Our trademark only applies to operating system software [1]. I don't |
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know that we're in any position to restrict use in any other area. |
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In particular, I think Juan's proposed use qualifies as fair use [2]. As |
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long as it's clear that Gentoo doesn't endorse him, he's saying that he |
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provides support for Gentoo systems. In addition, the likelihood of |
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someone confusing a consulting service with the Gentoo operating system |
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is minimal. And he's not using Gentoo in the trademark sense (e.g. not |
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naming his business Gentoo Consulting), he's using it to show that he |
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will service Gentoo installations. |
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|
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He should be fine to use it, and even better if he would put a small |
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disclaimer at the bottom saying that the G logo is a trademark of the |
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Gentoo Foundation, Inc. |
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|
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Thanks, |
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Donnie |
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1. Gentoo trademark |
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"Computer software, namely operating system software that automatically |
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configures and optimizes performance on the underlying hardware and is |
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adapted for a large number of usage scenarios and applications, namely, |
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secure servers, development workstations, professional desktops, gaming |
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systems and embedded solutions." |
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2. http://www.publaw.com/fairusetrade.html |
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"Fair use or nominative use may be recognized in those instances where a |
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reader of a given work is clearly able to understand that the use of the |
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trademark does not suggest sponsorship or association with the trademark |
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owner's product or services and therefore is not being used in a manner |
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to confuse the reader." |
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|
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"An author's use of a trademark for the above-referenced situations |
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should be considered a non-confusing "nominative use" when it meets the |
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following requirements: (1) the trademark owner's product or service |
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must be one that is not readily identifiable without the use of the |
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trademark; (2) the author only uses as much of the trademark as is |
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reasonably necessary to identify the trademark owner's products or |
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services; and (3) the author does nothing that would, in conjunction |
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with the trademark, suggest to the reader sponsorship or endorsement by |
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the trademark owner." |
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|
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"Legal doctrine defines fair use of a trademark as the "reasonable and |
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good faith use of a descriptive term that is another's trademark to |
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describe rather than to identify the user's goods, services or business"." |
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-- |
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