You are viewing a plain text version of this content. The canonical link for it is here.
Posted to legal-discuss@apache.org by an...@apache.org on 2021/04/25 13:49:10 UTC
svn commit: r1889173 -
/infrastructure/site/trunk/content/foundation/marks/index.mdtext
Author: andreww
Date: Sun Apr 25 13:49:09 2021
New Revision: 1889173
URL: http://svn.apache.org/viewvc?rev=1889173&view=rev
Log:
Minor text edits to improve readability
Modified:
infrastructure/site/trunk/content/foundation/marks/index.mdtext
Modified: infrastructure/site/trunk/content/foundation/marks/index.mdtext
URL: http://svn.apache.org/viewvc/infrastructure/site/trunk/content/foundation/marks/index.mdtext?rev=1889173&r1=1889172&r2=1889173&view=diff
==============================================================================
--- infrastructure/site/trunk/content/foundation/marks/index.mdtext (original)
+++ infrastructure/site/trunk/content/foundation/marks/index.mdtext Sun Apr 25 13:49:09 2021
@@ -24,10 +24,10 @@ trademarks, service marks, and graphic l
the **names of all ASF projects are trademarks of the ASF**.
The following information helps ensure our marks and logos are used in
-approved ways by other parties, ensuring that we can legally protect our project brands
-as well as encouraging the use of ASF software and our brands in approved
-ways by third parties. You may [contact us][contact] with any questions
-about this policy or any ASF trademarks, and please **read our
+approved ways by other parties, so we can legally protect our project brands
+and encourage third parties to use ASF software and our brands in approved
+ways. [Contact us][contact] with any questions
+about this policy or about ASF trademarks, and **read our
[list of trademark resources][resources]**.
# Trademark Policy Quick Links #
@@ -59,7 +59,7 @@ about this policy or any ASF trademarks,
ASF trademarks, service marks, and graphics marks are symbols of the
quality and community support that people have come to associate with
projects of the ASF. To ensure that the use of ASF
-marks will not lead to confusion about our software, we must control their
+marks does not lead to confusion about our software, we must control their
use in association with software and related services by other organizations.
Also, as a US based corporation, we have a legal responsibility and the
authority to set policy for the use of our marks.
@@ -72,13 +72,13 @@ the ASF.
Apache Software Foundation trademarks must not be used to disparage the ASF, our
projects, members, sponsors, or communities, nor be used in any way to imply
ownership, endorsement, or sponsorship of any ASF-related project or
-initiative of any kind. As a vendor-neutral organization, an important part of
+initiative of any kind. We are a vendor-neutral organization, and an important part of
our brand is that [ASF projects are governed independently][independent].
# Description of Key Trademark Principles # {#principles}
-This section is not intended to summarize the complex law of trademarks.
-It will be useful, however, to understand some key principles. More
+This section is not intended to summarize the complex law of trademarks. However,
+it may help you understand some key principles. More
information is on our [trademark resources listing][resources].
**What is a trademark?**
@@ -105,25 +105,24 @@ software which has special meaning for A
use.
Within the ASF, during our product release activity and on ASF websites, we
-will make sure that our trademarks are marked with a (TM) or (R) symbol or
-shown with trademark notices where appropriate so that everyone will
-recognize them as ASF trademarks, and by providing a [list of ASF
-trademarks](list), and we provide a [detailed guide for how to refer to ASF brands][brandguide].
+make sure that our trademarks are marked with a (TM) or (R) symbol or
+shown with trademark notices where appropriate so that everyone can
+recognize them as ASF trademarks. We provide a [list of ASF
+trademarks](list), and a [detailed guide on how to refer to ASF brands][brandguide].
**What is nominative use?**
Anyone can use ASF trademarks if that use of the trademark is nominative.
The "nominative use" (or "nominative fair use") defense to trademark
infringement is a legal doctrine that authorizes everyone (even commercial
-companies) to use another person's trademark as long as three requirements
-are met:
+companies) to use another person's trademark as long as the use meets three requirements:
1. The product or service in question must be one not readily identifiable
-without use of the trademark; (for example, it is not easy to identify
-Apache Hadoop® software without using the trademark "Hadoop")
+without use of the trademark (for example, it is not easy to identify
+Apache Hadoop® software without using the trademark "Hadoop").
1. Only so much of the mark or marks may be used as is reasonably necessary
-to identify the product or service; and
+to identify the product or service.
1. The organization using the mark must do nothing that would, in
conjunction with the mark, suggest sponsorship or endorsement by the
@@ -137,10 +136,9 @@ not be confused with those rules.
**What is the "confusing similarity" or "likelihood of confusion" test?**
Some uses of another person's trademark are nominative fair use, but some
-uses are simply infringing. Indeed, if a trademark is used in such a way
+uses are simply infringing. Indeed, if someone uses a trademark in a way
that the relevant consuming public will likely be confused or mistaken
-about the source of a product or service sold or provided using the mark in
-question, then likelihood of confusion exists and the mark has been
+about the source of a product or service sold or provided, likelihood of confusion exists and the mark has been
infringed.
Note that, even if there is no likelihood of confusion, you may still be
@@ -169,20 +167,20 @@ of the ASF's projects. You may refer to
Examples of permitted nominative fair use:
-- " Free copies of Apache *ProjectName* software under the Apache License and support
-services for Apache *ProjectName* are available at my own company website. "
+- "Free copies of Apache *ProjectName* software under the Apache License and support
+services for Apache *ProjectName* are available at my own company website."
-- " Derivative works of Apache *ProjectName* software and support services for those
-derivative works are available under my own trademarks at my website. "
-Please remember that, under trademark law, you may not apply trademarks to
+- "Derivative works of Apache *ProjectName* software and support services for those
+derivative works are available under my own trademarks at my website."
+Remember that, under trademark law, you may not apply trademarks to
your derivative works of *ProjectName* software that are confusingly similar to "*ProjectName*"
or "Apache *ProjectName*" or the *ProjectName* graphic logo trademarks.
-- " *ProjectName* software is faster (or slower) than Myco software. "
+- "*ProjectName* software is faster (or slower) than Myco software."
-- " I recommend (or don't recommend) *ProjectName* software for your business. "
+- "I recommend (or don't recommend) *ProjectName* software for your business."
-- " This <here> is the graphic logo for Apache *ProjectName* software. "
+- "This <here> is the graphic logo for Apache *ProjectName* software."
- The ASF prefers you use the [full Apache *ProjectName* name][brandguide] for all our projects.
@@ -194,7 +192,7 @@ However in very specific situations you
## Using ASF Trademarks in published books and articles ## {#books}
You may write about Apache Foo software, and use our trademarks in book or
-article titles. You needn't ask us for permission to refer to Foo (ProjecName), as in
+article titles. You needn't ask us for permission to refer to Foo (ProjectName), as in
"Foo for Dummies", or "Explaining Foo", or "Foo Simplified", or "O'Reilly
Guide to Foo", or even "Avoiding Foo".
@@ -206,10 +204,10 @@ article.
For more details, please see our [FAQ about ASF marks in publishing](faq/#booktitle).
-**Using the ASF feather logo to identify ASF and link to
+**Using the ASF feather logo to identify the ASF and link to
[www.apache.org](/) :**
-The ASF feather logo is a special trademark to the members of the Apache
+The ASF feather logo is a special trademark for the members of the Apache
Software Foundation and we intend to prevent its use in association with
other companies' software or related services.
@@ -218,35 +216,34 @@ version published by us [here](/foundati
website solely as a hyperlink to [www.apache.org](/) or to an appropriate ASF project, or in other materials,
such as presentations and slides, solely as a means to refer to the ASF itself.
-All other uses of the ASF feather logo must be [approved in writing][contactother] by
-the VP, Brand Management or by a member of the Brand Management Committee.
+The VP, Brand Management or a member of the Brand Management Committee must [approve in writing][contactother] all other uses of the ASF feather logo.
**Using the Apache Foo or similar project graphic logos:**
-Graphic logos are contributed to ASF by artists as a way of creating a
-symbol with which the ASF project software can be identified. Examples
+Artists contribute graphic logos to ASF as a way to create a
+symbol to identify the ASF project's software. Examples
of logos are the Hadoop elephant, the SpamAssassin arrow, or even the
graphic way that the word "Maven" is spelled with an orange letter "a".
-Those graphic logos are special to the ASF projects that mark their
-software and their project websites with those logos.
+Those graphic logos are special to the ASF projects that use them to mark their
+software and their project websites.
You needn't ask us for permission to use the ASF's graphics logos (the
versions published on individual project's websites) on your own website
solely as a hyperlink to the specific ASF project website or to
-[www.apache.org](/). All other uses of Apache Foo (and similar) graphic
-logos must be [approved in writing][contact] by VP, Brand Management,
+[www.apache.org](/). The VP, Brand Management, a
member of the Brand Management Committee, or the relevant Apache
-projects' VP.
+project's VP must [approve in writing][contact] all other uses of Apache Foo (and similar) graphic
+logos.
Unlike ASF's word trademarks (such as "Apache" and "Foo"), our graphic
-logos are also licensed to the public under the Apache License. That
+logos are licensed to the public under the Apache License. That
license permits you to create derivative works of those logos, as with any
other ASF copyrighted work. However, trademark law does not allow you to
apply any "confusingly similar" derivative logo to software if a relevant
-consumer would likely be confused by that use of that derivative logo.
+consumer would likely be confused by your use of that derivative logo.
If you have any questions or concerns about the use of or changes to any
-ASF graphic trademark, please [contact us][contact]
+ASF graphic trademark, [contact us][contact]
**Using ASF trademarks on merchandise:**
@@ -255,9 +252,8 @@ or designee to apply the "Apache", "Apac
logos to any merchandise that is intended to be associated in people's
minds with Apache Foo software or any ASF software.
-Permission to apply ASF trademarks (including graphic logos) may be granted
-for merchandise that promotes the Apache Software Foundation, the Apache
-Foo project and Foo software.
+The ASF may grant permission to apply ASF trademarks (including graphic logos) for merchandise that promotes the Apache Software Foundation, the Apache
+Foo project or Foo software.
Permission to apply ASF trademarks will ordinarily be denied for
merchandise that disparages ASF software or projects or that would serve
@@ -327,8 +323,7 @@ third party products or services.**
# Policy Version # {#version}
-This is version 1.2 of this ASF policy document, published in March 2021
-Significant changes will be marked with a new version number.
+This is version 1.2 of this ASF policy document, published in March 2021. We will mark significant changes with a new version number.
**v1.1** Update to have permissions by VP, Brand Management **or** designee
---------------------------------------------------------------------
To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
For additional commands, e-mail: legal-discuss-help@apache.org