Gentoo Archives: gentoo-nfp

From: Donnie Berkholz <spyderous@g.o>
To: gentoo-nfp@l.g.o
Subject: [gentoo-nfp] Use of Name and Logo
Date: Mon, 27 Sep 2004 00:13:04
Message-Id: 1096243846.7508.32.camel@localhost
1 Please read
2 http://archives.gentoo.org/ml/gentoo-trustees/2004/09/msg_00022.xml and
3 http://dev.gentoo.org/~swift/name_logo.html before the rest of this.
4
5 What we're doing here is essentially licensing our trademark, based on
6 various conditions. Therefore, this page _is_ a trademark license and
7 needs all the things they need.
8
9 Trademark law in the U.S. basically dictates that if others are using
10 our trademark in our area, they need to be either licensed or
11 cease-and-desisted shortly after we become aware of them. If we just
12 ignore them, the trademark's considered abandoned and we lose its
13 ownership.
14
15 It may also be helpful to examine our trademark registration at
16 http://tess2.uspto.gov/bin/showfield?f=doc&state=nnf8a6.3.1. The
17 description limits us to computer software optimized and customized for
18 particular applications, not computer software as a whole.
19
20 As a result, we need to ensure that the quality of any licensees's
21 products using the Gentoo name meet the same standards Gentoo's products
22 do. Trademark licenses not including a quality-control provision are
23 called naked licenses, and they are invalid and may result in the loss
24 of our trademark rights. Not only is the QC provision needed, it also
25 must be enforced.
26
27 The page should include a termination clause (e.g., "The Gentoo
28 Foundation may revoke your license to use the Gentoo trademark at any
29 time for any reason."). It should specify that the license is
30 nonexclusive and nontransferable, and it should also say that after
31 termination, any products must be either sold off within a reasonable
32 time (say 60 days) or, if they fail to meet Gentoo quality standards,
33 destroyed.
34
35 It should say the licensee must submit a sample to the Gentoo Foundation
36 to satisfy the QC provision, and default to approval if no response is
37 received within, say, 15 days. In addition, it may be useful to require
38 additional samples over time.
39
40 Thoughts? Discussion? Anyone still subscribed to this list?
41
42 Thanks,
43 --
44 Donnie Berkholz
45 Gentoo Linux

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Replies

Subject Author
Re: [gentoo-nfp] Use of Name and Logo Marius Mauch <genone@g.o>
Re: [gentoo-nfp] Use of Name and Logo Paul de Vrieze <pauldv@g.o>
Re: [gentoo-nfp] Use of Name and Logo Sven Vermeulen <swift@g.o>