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
Please read and 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

It may also be helpful to examine our trademark registration at 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.

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,

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?

Donnie Berkholz
Gentoo Linux


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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>