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To: Sven Vermeulen <swift@g.o>
From: Donnie Berkholz <spyderous@g.o>
Subject: Re: Re: Question about "g" logo usage
Date: Tue, 27 Sep 2005 12:33:04 -0700
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Sven Vermeulen wrote:
| Not really, since we aren't discussing "any software or computer hardware
| product". That's also why I proposed to alter this particular paragraph so
| it also refers to "any reference to Gentoo or the Gentoo Project" (see my
| first mail on this subject in trustees@).

You have a point, so I went and looked up some info on this.

Our trademark only applies to operating system software [1]. I don't
know that we're in any position to restrict use in any other area.

In particular, I think Juan's proposed use qualifies as fair use [2]. As
long as it's clear that Gentoo doesn't endorse him, he's saying that he
provides support for Gentoo systems. In addition, the likelihood of
someone confusing a consulting service with the Gentoo operating system
is minimal. And he's not using Gentoo in the trademark sense (e.g. not
naming his business Gentoo Consulting), he's using it to show that he
will service Gentoo installations.

He should be fine to use it, and even better if he would put a small
disclaimer at the bottom saying that the G logo is a trademark of the
Gentoo Foundation, Inc.

Thanks,
Donnie

1. Gentoo trademark

"Computer software, namely operating system software that automatically
configures and optimizes performance on the underlying hardware and is
adapted for a large number of usage scenarios and applications, namely,
secure servers, development workstations, professional desktops, gaming
systems and embedded solutions."

2. http://www.publaw.com/fairusetrade.html

"Fair use or nominative use may be recognized in those instances where a
reader of a given work is clearly able to understand that the use of the
trademark does not suggest sponsorship or association with the trademark
owner's product or services and therefore is not being used in a manner
to confuse the reader."

"An author's use of a trademark for the above-referenced situations
should be considered a non-confusing "nominative use" when it meets the
following requirements: (1) the trademark owner's product or service
must be one that is not readily identifiable without the use of the
trademark; (2) the author only uses as much of the trademark as is
reasonably necessary to identify the trademark owner's products or
services; and (3) the author does nothing that would, in conjunction
with the trademark, suggest to the reader sponsorship or endorsement by
the trademark owner."

"Legal doctrine defines fair use of a trademark as the "reasonable and
good faith use of a descriptive term that is another's trademark to
describe rather than to identify the user's goods, services or business"."
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References:
Re: Question about "g" logo usage
-- Sven Vermeulen
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Updated Jun 17, 2009

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