Mailinglist Archive: opensuse-project (292 mails)

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Re: [opensuse-project] Proposal for adapting the trademark guidelines
On Monday 28 February 2011 11:55:02 Cornelius Schumacher wrote:
We had a couple of discussions in the past about how to improve the
openSUSE trademark guidelines (see e.g.

Attached some minor comments. Thanks for pushing this, let's get it out asap
:D
= The openSUSE Project Trademark Guidelines =

== Introduction ==

With these Guidelines, we wish to encourage widespread use of the openSUSE
trademarks by the openSUSE community while managing that use to protect the
distinctive value of the trademarks and avoid confusion on the part of openSUSE
users and the general public. The sections that follow describe the openSUSE
Marks covered by these Guidelines, as well as uses of these Marks that are
allowed, uses that are not allowed, and uses that are only allowed with specific
permission. See "Contact Information" below to request permission.

== The openSUSE Marks ==

These Guidelines cover the following marks in word or logo form: openSUSE, SUSE,
the Gecko, YaST, and AutoBuild. This set of marks is collectively referred to as
the "openSUSE Marks."

== General Guidelines for Using the openSUSE Marks ==

=== Quality ===

It is fundamentally important to us that any permitted use you make of the
openSUSE Marks be of the highest quality and integrity and meet the highest
**"aims to meet" or "meets"

standards. To ensure this is the case, we reserve the right to revoke your
permission at any time.

=== Fair Use ===

We acknowledge and support your right to make "fair use" of the openSUSE Marks,
and do not mean to suggest with these Guidelines that our permission is required
in such cases. We cannot, however, tell you categorically what will and will not
qualify as a "fair use."
**as this depends on your local laws and specific situation.

=== Contributing to openSUSE ===

We encourage everybody to contribute to openSUSE and become part of the openSUSE
community. Contributors don't have to be employees of the owner of the openSUSE
trademark or openSUSE members.

If your contributions require trademark usage which is not permitted by these
guidelines, please don't hesitate to contact us (see "Contact Information"
below).

== Use Cases for the openSUSE Marks ==

=== Redistributing openSUSE Without Modifications ===

You may use the openSUSE Marks to identify your redistribution of openSUSE with
no modifications, meaning you are redistributing an official distribution from
the openSUSE Project that has not been changed in any way.

=== Distributing openSUSE With Modifications ===

You may distribute openSUSE with modifications. Such distributions can be
created via SUSE Studio, KIWI, or the openSUSE Build Service, or via your own
build process.

**The following is very harsh. It is basically 'softened' afterwards but I'd
like to say it more gently in the first place.

In making such a distribution, you must remove all trademark uses of the
openSUSE Marks from the version of openSUSE you are modifying.

**How about replacing this with:
In making such a distribution, you must ensure it is clear that your version is
modified from the official openSUSE product. You cannot name your product
openSUSE or directly use the openSUSE Marks but you can use the special set of
branding packages or your own brand(s).

You may, if you wish, combine your own trademark with one of
the following openSUSE Mark tag-lines (or its equivalent): "Based on openSUSE";
"Powered by openSUSE"; "Derived from openSUSE"; "Uses openSUSE"; "Built on
openSUSE"; or "Built from openSUSE".

openSUSE provides a special set of branding packages for modified openSUSE
versions. You may replace the official openSUSE branding packages by them, or
you have to remove the official openSUSE branding packages on your modified
version of openSUSE. In technical terms it means that for every packages which
name ends with branding-openSUSE you have to either remove it, or replace it by
the corresponding package, which name ends with branding-based-on-openSUSE.

Partial instructions on how to remove some trademark uses of the openSUSE Marks
from openSUSE can be found at [[SDB:Making_an_openSUSE_based_distribution|Making
an openSUSE based distribution]].

You generally will not need to remove or modify package
headers, notes, README files, Changelogs, or other files containing uses of the
openSUSE Marks that merely describe the openSUSE project, as long as such uses
do not imply that you are formally affiliated with the openSUSE Project.

Note
that if you are including packages in your distribution that are not from the
official openSUSE Project repositories, we encourage you to work within the
openSUSE community to submit and maintain those packages within those
repositories.

=== Linking to opensuse.org ===

We are pleased to permit you to link to opensuse.org from your web site. We have
provided several logo graphics for you to choose from. To use these logos you
must agree that:

* The logos will be used only on the Internet, only as a link to opensuse.org,
and not as a favicon;
* You will not imply or state an endorsement by the openSUSE Project or
otherwise misrepresent your relationship with the openSUSE Project;
* You will not disparage the openSUSE Project using the logos;
* Your use of the logos will not be deceptive or false in any regard;
* You will not create a browser or border environment around openSUSE Project
content;
* You may link to openSUSE Project content, and will only replicate openSUSE
Project content in accordance with the terms found at
http://en.opensuse.org/Legal;
* Your web site will not contain content that could be construed as distasteful,
offensive, or controversial, and will contain only content that is appropriate
for all age groups; and
* This permission may be rescinded at any time, in which case you will
immediately remove the logos from your web site.

=== Merchandise ===

You are welcome to make use of the openSUSE Marks to produce merchandise such as
t-shirts, hats, bags, jackets, sweatshirts, mugs, and desktop wallpapers and
give them to your friends, family, community members, provided there is no
commercial interest behind it. You have to request permission if you want to
commercially distribute articles using the openSUSE Marks (see "Contact
Information" below to request permission).

=== Domain Names ===

If you want to include all or part of an openSUSE Mark in a domain name, you
should seek our permission (see "Contact Information" below to request
permission). People naturally associate domain names with organizations whose
names sound similar. Almost any use of an openSUSE Mark in a domain name is
likely to confuse someone, thus running afoul of the overarching requirement
that any use of an openSUSE Mark not be confusing. By "domain name" we mean to
refer to toplevel domains and second-level domains, but not sub-domains.

=== Advocacy Groups ===

We welcome the use of the openSUSE Marks in connection with user groups and
other openSUSE advocacy groups, but you may only do so in accordance with the
following requirements:

* Your use is not commercial in nature;
* In using an openSUSE Mark, you are in fact referring to the thing that the
openSUSE Mark represents;
* There is no suggestion (through words or appearance) that your group is
approved by, sponsored by, or affiliated with the openSUSE Project (or its
related projects) unless it actually has been so approved, sponsored, or
affiliated;

***-> as we don't have any such status, should we clarify this?!? And if so,
how?

* You do not incorporate other proprietary or commercial names in your group
name; and
* You do not claim any trademark rights in the name, attempt to register the
name with a trademark office or as a trade name, business name, or domain name,
or conduct any business under the name.

=== Events ===

It is permissible to use the openSUSE Marks to promote free and open source
software events where individuals in the openSUSE Project appear as ambassadors,
** individuals FROM?
distribute openSUSE media, or otherwise represent the Project, provided:

* You do not misrepresent your relationship with the openSUSE Project;
* You do not disparage the openSUSE Project using the openSUSE Marks; and
* Your use of the openSUSE Marks is not deceptive or false in any regard.

Individuals can be openSUSE members, members of the wider openSUSE community, or
openSUSE users.

=== Publications ===

If you want to include all or part of an openSUSE Mark in the title or subtitle
of a publication such as a book or magazine, you should seek our permission (see
"Contact Information" below to request permission).
** unless it constitutes fair use (as is the case with magazines and the like).
**(to point out to ppl that indeed fair use exists and allows this)
=== Product and Service Names, and Compatibility References ===

You should not include an openSUSE Mark in the name of your product or service,
regardless of whether it's commercial or non-commercial in nature. This
includes online services, such as e-commerce, community, blog, informational,
promotional, and personal home page sites.

With that said, we consider it permissible to use an openSUSE Mark in a file,
folder, directory, or path name.

We also recognize that the openSUSE Community needs some way to identify
projects, products, and services that are compatible with openSUSE. Our concern
is that users not be confused as to whether a compatible project, product, or
service is official or not. To address that concern, we request that you
indicate compatibility with openSUSE using one of the following tag-lines (or
its equivalent):

**Again, we mention official but don't have anything 'official'. What IS
official. Anything SUSE Linux Producs GmbH does? Anything the board does? Board
mebers? SUSE Employees? openSUSE Members? only the openSUSE DVDs coolo
produces? We do have to write that down somewhere, I'll work on something.

* "Works with openSUSE";
* "Uses openSUSE";
* "Compatible with openSUSE";
* "Powered by openSUSE";
* "Runs on openSUSE";
* "For use with openSUSE"; or
* "For openSUSE".

=== Advertising and Marketing Materials, including Business Cards ===

You may use the openSUSE Marks in describing and advertising your
openSUSE-related product or service, or on business cards to identify your
affiliation with the openSUSE Project, so long as:

* You do not imply or state an endorsement by the openSUSE Project or otherwise
misrepresent your relationship with the openSUSE Project;
* You do not disparage the openSUSE Project using the openSUSE Marks;
* Your use of the openSUSE Marks is not deceptive or false in any regard;
* Your description, advertising, or other use does not contain content that
could be construed as distasteful, offensive, or controversial, and does contain
only content that is appropriate for all age groups; and
* Your use of the openSUSE Marks does not include or imply any commitment by the
openSUSE Project to provide support, service, indemnification, or updates.

=== Business Names ===

You should not include an openSUSE Mark in the name of your company or business.

=== Commentary ===

We welcome comment and constructive criticism, and we try to have a good sense
of humor. It's fine to use the openSUSE Marks in your discussion, commentary,
criticism, or parody, in ways that unequivocally do not imply endorsement.
Please do not create mock or parody products with names based on the openSUSE
Marks. Also, please be aware that, in our opinion, it is not "fair use" to use
the openSUSE Marks in a manner that disparages openSUSE technology or the
openSUSE Project.

=== All Other Uses ===

All other uses of the openSUSE Marks need to be reserved by us, but we are
available to discuss terms for use.

== Contact Information ==

You may contact us regarding these Guidelines, including regarding requests for
permission, at trademark@xxxxxxxxxxxx.

== License for these Guidelines ==

These Guidelines are published under Version 3 of the Creative Commons
Attribution Share-Alike License, and are derived in part from the OpenSolaris
Trademark Policy 1.0 (May 5, 2008) , which in turn is derived in part from the
Ubuntu and Mozilla Trademark guidelines.
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