[jira] [Created] (LEGAL-216) Is use of the "org.apache" package in non-ASF Scala software a trademark issue?

["Andrew Purtell (JIRA)" <ji...@apache.org>]

Andrew Purtell created LEGAL-216:
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             Summary: Is use of the "org.apache" package in non-ASF Scala software a trademark issue?
                 Key: LEGAL-216
                 URL: https://issues.apache.org/jira/browse/LEGAL-216
             Project: Legal Discuss
          Issue Type: Question
            Reporter: Andrew Purtell


I've never seen software originating from other than the ASF distribute Scala based software with "org.apache" package prefixes before, but recently looked inside Gearpump (https://github.com/intel-hadoop/gearpump) and found this practice to my surprise. Since this is a GitHub hosted project with an active issue tracker, I was thinking of filing an issue asking for a substitution of e.g. "com.intel" for "org.apache" but thought I would ask here first if the Foundation sees this as an issue. Some Googling didn't turn up a precise answer to this question. The closest I found is the section on domain names in http://www.apache.org/foundation/marks/, which states:
{quote}
You may not use ASF trademarks such as "Apache" or "ApacheFoo" or "Foo" in your own domain names if that use would be likely to confuse a relevant consumer about the source of software or services provided through your website, without written approval of the VP, Apache Brand Management or designee. You should apply the "likelihood of confusion" test described above, and please realize that the use of ASF trademarks in your domain names is generally not "nominative fair use."
{quote}

In this case I think there would be confusion as to the source of this software. I'm not able to find a clear indication of the organization of origin in any bundled file, the layout, LICENSE file, and file copyright headers look much like Apache released software. 



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