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Posted to legal-discuss@apache.org by an...@apache.org on 2021/05/02 17:46:20 UTC
svn commit: r1889420 -
/infrastructure/site/trunk/content/foundation/marks/reporting.mdtext
Author: andreww
Date: Sun May 2 17:46:19 2021
New Revision: 1889420
URL: http://svn.apache.org/viewvc?rev=1889420&view=rev
Log:
Minor text edits to improve readability
Modified:
infrastructure/site/trunk/content/foundation/marks/reporting.mdtext
Modified: infrastructure/site/trunk/content/foundation/marks/reporting.mdtext
URL: http://svn.apache.org/viewvc/infrastructure/site/trunk/content/foundation/marks/reporting.mdtext?rev=1889420&r1=1889419&r2=1889420&view=diff
==============================================================================
--- infrastructure/site/trunk/content/foundation/marks/reporting.mdtext (original)
+++ infrastructure/site/trunk/content/foundation/marks/reporting.mdtext Sun May 2 17:46:19 2021
@@ -16,10 +16,10 @@ Notice: Licensed to the Apache Softwa
specific language governing permissions and limitations
under the License.
-These Apache Trademark Use Reporting Best Practices provide best practices for reviewing the use
+Here are best practices for reviewing the use
of Apache® projects' brands and trademarks and for contacting other parties
when there may be an infringement or misuse of any Apache trademarks.
-This document is focused on Apache committers
+This document is for Apache committers
and PMC members; outside parties should start with our
[Apache Trademark Policy](index.html).
@@ -30,17 +30,17 @@ See Also: [Trademark Resources Site Map]
[TOC]
-# Apache Trademark Use Reporting Best Practices # {#introduction}
+# Apache trademark use reporting best practices # {#introduction}
The Apache Software Foundation (ASF) strives to promote appropriate uses of
all Apache marks for the benefit of our project communities and for the ASF
as a whole. The mission of the ASF is to provide software for the
-public good, and the way we accomplish that is by supporting our community and
-consensus based projects. Having clear trademarks and service marks that identify our projects
-and software products is important to the health of our communities, both to encourage
-the sense of community, to ensure that our projects may be run independently
+public good, and the way we accomplish that is by supporting our community and our
+consensus-based projects. Having clear trademarks and service marks that identify our projects
+and software products is important to the health of our communities, to encourage
+the sense of community, to ensure that our projects run independently
of outside or commercial influence, and to allow new consumers to discover our
-many [freely available](http://www.apache.org/free/) products and services.
+many [freely-available](http://www.apache.org/free/) products and services.
Likewise, our project communities bear responsibility for managing their own
brands and marks, as well as treating trademarks of other Apache projects and third parties with respect.
@@ -55,21 +55,20 @@ Apache committers may contact the privat
with any specific legal questions about Apache projects. Outside parties
with legal questions about trademarks may [contact us privately][contactother].
-## What Kinds Of Trademark Uses Might Be Infringing? ## {#kinds}
+## What kinds of trademark use might be infringing? ## {#kinds}
-So you're browsing a website with "Hadoop" plastered all over their marketing
+If you're browsing a website with "Hadoop" plastered all over their marketing
materials, and there's no mention of Apache anywhere on the page - what should you
-do? The first thing is to actually ask: is this actually a problem, or is it
-really [nominative use](http://www.apache.org/foundation/marks/#principles)
-of the Apache Hadoop® name, and it's just fine?
+do? The first thing is to ask: is this actually a problem, or is it [nominative use](http://www.apache.org/foundation/marks/#principles)
+of the Apache Hadoop® name, which is just fine?
Trademarks exist to **prevent customer confusion about the source of goods or
services**. When you buy an HP® printer, you know what kind of quality and service
to expect, because you know it came from HP. Likewise when you order a Coke®
beverage, you'll expect that particular tartly sweet flavor, instead of the
-more brightly sweet flavor of Pepsi beverages. The name - and logo, and other
-branding - are a clear association of that product with it's manufacturer in
-the mind of the consumer buying the product.
+more brightly sweet flavor of Pepsi beverages. The name, logo, and other
+branding are a clear association of that product with its manufacturer in
+the mind of the consumer of the product.
The majority of times we use trademarks like Apache Hadoop are just fine, because
we're talking about the trademarked product. Often, the only way to refer
@@ -79,13 +78,12 @@ because it is not likely to confuse cons
These uses are called **nominative use**; that is, a third party using the
name to refer to the thing itself - i.e. our software product.
-The problem comes when trademarks are used in an infringing manner: when a
+The problem comes when people or companies use trademarks in an infringing manner: when a
third party's use of a trademark would confuse a reasonable consumer about
where the product comes from. For example, it's just fine to write about how
well BMWs handle or drive; it's probably not OK to start a website to sell
BMW Cars that you make in your own shop. It may or may not be OK to start a
-business called The Best BMW Service; that depends on how it's marketed (i.e.
-presented to consumers), and how BMW as the owner of the trademark decides to
+business called The Best BMW Service; that depends on how it's marketed (presented to consumers), and how BMW as the owner of the trademark decides to
license (or not) its trademark. It all boils down to: would a new consumer
looking for a car or service related to this "BMW" brand they've heard of
be led to believe that your independent shop is related to the international
@@ -94,9 +92,9 @@ BMW® company.
The Fedora® project has a [useful chart of appropriate and inappropriate ways
to use their FEDORA trademark](https://fedoraproject.org/wiki/Legal:Trademark_guidelines?rd=Legal/TrademarkGuidelines#Trademark_Usage_Guidelines)
in common situations. While that policy is written for the Fedora mark, the examples
-are generally applicable to Apache marks, or even most software product marks as well.
+generally apply to Apache marks, and even most software product marks.
-# Checklist Of Issues To Evaluate For Trademark Misuses # {#issues}
+# Checklist of issues To evaluate for trademark misuse # {#issues}
When reviewing a potentially troublesome use of an Apache mark by a third party,
you *must* think through the context of that specific use of Apache marks **before you
@@ -110,20 +108,19 @@ to the beloved Hadoop yellow elephant?
- **Where** is the mark being used? On a website (provide URL), on marketing
materials, on a business card, in an email campaign?
-- What is the **immediate context** to the use? Think about the paragraph that
-Hadoop is being discussed in, or think about where the elephant logo is
-positioned in relation to other text or graphic elements on the page. Be sure
-to copy the paragraph or a screenshot of where a logo appears if you
+- What is the **immediate context** of the use? Think about the paragraph in which
+Hadoop appears, or where the elephant logo appears in relation to other text or graphic elements on the page. Be sure
+to copy the paragraph or take a screenshot of where a logo appears if you
are reporting this to a PMC.
- What is the **larger context** to the use? This may be harder to evaluate,
because there are cases where a website may discuss Hadoop at length, where
-the individual uses do not appear to be infringing, but that the overall
+the individual uses do not appear to be infringing, but where the overall
appearance in the entire website could reasonably lead to consumer confusion
(i.e. someone looking to download Hadoop® software might do it from that
website, instead of from our Apache Hadoop project).
Consider the whole context from the point of view of a user who is
-*not* experienced with Hadoop, but wants to learn more about it.
+*not* experienced with Hadoop, but who wants to learn more about it.
- Is the **use commercial/by an organization, or is it personal/by an individual**?
Use by individuals is rarely infringement unless they are actually providing a
@@ -148,17 +145,17 @@ as their trademark for their software.
- Is this use **about some non-software related product** (apparel, kitchen appliances, mining operations, computer hardware, whatever)? The ASF
and Apache projects primarily provide software products to the public, and to
a lesser degree provide software support services. Use of trademark names in relation
-to software products or services should always be evaluated carefully. Use
-of trademark names in relation to other kinds of goods (i.e. non-software) should be evaluated,
-but are probably not infringing. Trademarks generally apply only within a specific class
+to software products or services should always be evaluated carefully. Always evaluate use
+of trademark names in relation to other kinds of goods (i.e. non-software),
+but they are probably not infringing. Trademarks generally apply only within a specific class
or field of goods; consumers would rarely confuse a Ford® car with a Ford
software product (unless the software is an app on the dashboard).
- Is this use clearly in relation to a **parody** of the Apache brand, or clearly in the
context of a **review, benchmark, or other commentary** about that particular Apache brand?
-Use of trademarks in parodies, or in factual reviews, even uncomplimentary ones,
-are often nominative uses, unless they are causing consumer confusion as to
-the source of the goods or software product. I.e. as long as a new user
+Use of trademarks in parodies, or in reviews, even uncomplimentary ones,
+is often nominative use, unless it causes consumer confusion as to
+the source of the goods or the software product. I.e. as long as a new user
would understand that the use by a third party is a parody or review, and not coming
from the official Apache project, it's not likely a problem.
@@ -168,31 +165,31 @@ for more information on allowable third
- Is the use part of an **event or conference** brand? See the [Event Name Branding policy](http://www.apache.org/foundation/marks/events.html).
-# Reporting Potential Misuses Of Apache Marks - How To For Users # {#users}
+# Reporting potential misuse of Apache marks - how-to for users # {#users}
If any user or other person (i.e. not a committer on any Apache project)
-is aware of potentially improper third party uses of any Apache marks,
-we request that you **inform the relevant Project Management Committee**, or PMC.
+is aware of potentially-improper third-party use of any Apache marks,
+you should **inform the relevant Project Management Committee**, or PMC.
Email that project's PMC at private@*projectname*.apache.org and
inform them of the third party and its use of Apache marks. Please include
-a URL link to the specific page that shows the Apache mark being used,
+a URL link to the specific page that shows the Apache mark in use,
and a brief description of the situation.
The project's PMC should then examine the third party use of their mark, and take
appropriate action if needed as described below. In general, we prefer if
a member of a project's PMC contacts any third party that may be improperly
-using that project's marks, rather than having non-PMC members contacting them directly.
+using that project's marks, rather than having non-PMC members contact them directly.
While we very much appreciate our users bringing these issues to our attention,
from the legal perspective, only the ASF and it's projects can directly
enforce the proper use of our marks.
If you do not receive a response from that project's PMC within a couple of weeks,
-please [contact the ASF privately][contactother] including all the details to request an update.
+please [contact the ASF privately][contactother], including all the details of the issue and your communication to the PMC, to request an update.
Note that it is the ASF's responsibility to police our trademarks, so while
we strive to acknowledge every report, we do not discuss enforcement
activities publicly.
-# Reporting Potential Misuses Of Apache Marks - How To For PMCs / Committers # {#pmcs}
+# Reporting potential misuse Of Apache Marks - how-to for PMCs / Committers # {#pmcs}
A project's PMC (or podling's PPMC) should be **[responsible for being aware of
significant third party uses of their project's marks][1]**.
@@ -202,17 +199,14 @@ with VP, Brand Management on the [tradem
* **Discuss questions in private:** It is a best practice to use the private@*projectname*.apache.org
mailing list to discuss any reports of potential infringement first, **before**
-contacting a third party. Many potential cases are either shown to not be a trademark
-issue at all (meaning no action is needed), or are resolved by a friendly email to the third party
-politely requesting that they respect our trademarks. Discussing these issues in private
-is recommended because many unintentional misuses of marks are
-more easily cleared up this way. Similarly, many other companies have
+contacting a third party. Many potential cases either turn out not be a trademark
+issue at all (meaning no action is needed), or can be resolved by a friendly email to the third party
+politely requesting that they respect our trademarks. We recommend discussing these issues in private because it is easier to clear up many unintentional misuses of marks in this way. Similarly, many other companies have
registered or otherwise well-known brands for their software offerings that
we must respect if they are registered or otherwise an earlier use (or, if
they are for a different kind of software functionality).
- - **Verify if it's really a problem:** If there is any question of if something is infringing or not, then
-PMC members *must* email trademarks@, and cc: private@ for further
+ - **Verify that it's really a problem:** If there is any question whether something is infringing, PMC members *must* email trademarks@, and cc: private@ for further
investigation and understanding of proper trademark use before contacting the third party. If necessary,
after discussion on trademarks@, someone from trademarks@
or the PMC chair may take a specific question to legal-internal@ to get
@@ -238,29 +232,27 @@ and will happily comply. Be sure to use
formal involvement with the project clear (i.e. as Apache Foo PMC member or VP).
- **For flagrant trademark infringements, work with VP Brand:** if the third party use seems to be either a serious infringement,
-or is obviously intentional, then the PMC should work with Brand Management to craft
+or is obviously intentional, the PMC should work with Brand Management to craft
an official request to the third party. Brand Management will investigate if this
is an actual infringement, and then will lead the process with the PMC of
working with the third party to correct improper uses of Apache marks.
This process starts with an email discussion with the third party, and
may take some time.
-If the PMC does not get a positive reply from any request to any third
-party in a reasonable amount of time, or any time you are contacted
-by legal counsel for a third party, you must [contact Brand Management][contactother] to decide
-how to proceed. Also: PMC members other than the project VP are not
-empowered to grant **any** exceptions to Apache brand policy for third party use of Apache marks.
-
-# Reporting Potential Misuses Of Apache Marks - How To For Apache Members # {#members}
-
-If you are a Member of the ASF and spot any issues with any uses of Apache trademarks,
-please contact trademarks@ and the private@ list for that PMC.
-
-# How To Report Improper Use Of Your Trademarks By Apache Projects # {#apacheorg}
-
-Apache projects strive to always be respectful of other organizations'
-trademarks, but as in all volunteer organization mistakes sometimes happen.
-If you see any questionable uses of trademarks on any
+If the PMC does not get a positive reply to its request to any third
+party in a reasonable amount of time, or any time legal counsel for a third party contacts you, you must [contact Brand Management][contactother] to decide
+how to proceed. Also: PMC members other than the project VP do not have the power to grant **any** exceptions to Apache brand policy for third party use of Apache marks.
+
+# Reporting potential misuse of Apache marks - how-to for Apache Members # {#members}
+
+If you are a Member of the ASF and spot any issues with any use of Apache trademarks,
+contact trademarks@ and the private@ list for that PMC.
+
+# How to report improper use of your trademarks by Apache projects # {#apacheorg}
+
+Apache projects always strive to be respectful of other organizations'
+trademarks, but, as in all volunteer organizations, mistakes sometimes happen.
+If you see any questionable use of trademarks on any
`apache.org` website - either of your marks
or of Apache marks - please contact the relevant project's PMC through
their private@*projectname*.apache.org mailing list.
@@ -270,15 +262,15 @@ your trademarks, and the relevant PMC is
requests in a timely manner, or if you are legal counsel, please
[contact our Brand Management Committee privately][contactother].
-# Other Trademark Guidelines # {#other}
+# Other trademark guidelines # {#other}
-For more information about Apache marks, please see our [formal Trademark
+For more information about Apache marks, see our [formal Trademark
Policy](http://www.apache.org/foundation/marks/). PMC members should
also read the [PMC Branding Responsibilities](responsibility.html)
and the [Project Website Requirements](pmcs.html).
-Or, see the [site map of Trademark Resources][3].
+See also the [site map of Trademark Resources][3].
-# Important Note # {#notes}
+# Important note # {#notes}
**Nothing in this ASF policy statement shall be interpreted to allow any
third party to claim any association with the Apache Software Foundation or
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