[legal] Jabber Foundation Trademark Policy

Thu Aug 16 16:51:53 PDT 2007

As I wrote in my last email (yestersay), I think of course that it's good
but a little incomplete...
Here a proposal of draft, need to be improved! ;-) What do you think?
Apparently I can't send the Word Copy Enclosed at the legal at openid.net??
Regards

-Snorri

OpenID Trademark Policy - Draft 1
________________________________________
Abstract Usage Guidelines
This document outlines the policy of the OpenID Foundation (OIDF) regarding
the use of its trademarks. Any use of any OpenID trademark must be in
accordance with this policy. As used in this memo, "trademarks" means not
just OpenID's logos, but also the names of its various products, as well as
the domain names OpenID.net.
OpenID is a registered trademark of OpenID Foundation, OpenID Europe and by
the members of the board and its use is licensed through the OpenID
Foundation. This places everyone else on notice that they cannot use the
Mark improperly and protects it for use by everyone interested in promoting
it.
The filed list is available here => link (serial number, Application Form,
Pending Applications
)
________________________________________
Table of Contents
1	Using OpenID
1.1	- Using OpenID in general
1.2	- Using the OpenID name in your URL website
1.3	- Using the OpenID Logo
1.4	- Publications, Seminars and Services
1.5	- Trade Shows, Conferences and Expos
2	Using OpenID on a Licensed Basis
2.1	- Products
2.2	- Company/Organization Names
3	General Tips on Using Trademarks
3.1	- Products

________________________________________
1.  Using OpenID
OpenID may be used in a descriptive, fair-use manner without a license (or
other written approval) in the following ways.
________________________________________
1.1 Using OpenID in general
The usage of the OpenID name must use the correct casing of the letters
forming the name. "OpenID" is being used correctly where "OPEN ID",
"Openid", and "Open Idea" are incorrect.

The usage of the OpenID name is not allowed to be used in conjunction with
product names and service titles different of OpenID Patent Policy. 

________________________________________
1.2 Using the OpenID name in your URL website
Use of a domain name that incorporates OpenID will constitute a fair,
descriptive use if the following conditions are met:

It is not misleading (or likely to cause confusion) that the domain name or
associated web site is sponsored by or affiliated with OpenID Foundation
(OpenID.net)

It is not misleading (or likely to cause confusion) that an OpenID product
or technology associated with the domain name or web site.

The web site owner does not use the OpenID Trademark in its associated
company, product or service names unless properly licensed.

If you want to include all or part of an OpenID trademark in a domain name
(e.g.: OPENIDENABLED.COM OPENID.XX, *OPENID.COM
), you have to receive
written permission (by email) from OpenID Foundation. 

________________________________________
1.3 Using the OpenID Logo
 TM     => link (download the logo)

OpenID Foundation has created this logo and can propose new logos for
OpenID. 

The OpenID logos may be used without specific written permission from OpenID
Foundation under the following conditions:
- The use must not be detrimental, 
- The OpenID Logo must be a "clickable" link that leads directly to
http://www.openid.net/
- The OpenID logo should not be modified (color, other fonts or words
)
- 

________________________________________
1.4 Publications, Seminars and Services
If you refer to OpenID in the titles of books, magazines, e-zines, other
publications, seminars, or user groups, you must use your own trademark in
conjunction with the goods or service provided and may not claim rights in
the portion of the title referring to the OpenID Trademark. Examples of
appropriate titles include: "Your Name OpenID Protocol User's Guide," "Your
Name OpenID User Group," "Your Trademark Supporting OpenID Services" and
"Your Brand OpenID Training." Your name or trademark must appear in a
prominent location on all materials relating to the publication, seminar, or
services.

________________________________________
1.5 Trade Shows, Conferences and Expos

Unless OpenID Foundation sponsoring your show or conference under a written
sponsorship agreement, the name of any trade show, conference or exposition
concerning a OpenID product, service or technology should begin with the
producer's or sponsor's brand or name, and should then follow a "for OpenID"
format. For example, "YourName Expo for OpenID Development" or "YourName
Conference for OpenID Developers." The producer's or sponsor's own name or
trademark must be prominently displayed on all materials that advertise,
promote or are otherwise associated with the conference.

________________________________________
2. Using OpenID on a Licensed Basis
OpenID may be used as all or part of an organization, software, service, or
site name only upon written approval and/or under a license agreement,
available through the OpenID Software Foundation. Unlicensed or otherwise
unauthorized use of OpenID or of marks that are confusingly similar to
OpenID may constitute an infringement of trademark rights.

________________________________________
2.1 Products 

OpenID may not be used as the standalone name of any software product (e.g.
The OpenID Server) or pretended to other words or characters as the
standalone name of any software product (e.g. The OpenIDLinux Client) except
with the written authorization of the OpenID Foundation.

OpenID may be used in the name of software products licensed under an OSI
approved open source license (e.g. 

) providing that:

- An application to use the trademark has been completed (from openid.net).

- It has received a license to use the trademark from the OIDF.

- The following legend is conspicuously placed in the source code:
=> link (the code)
“OpenID is a registered trademark and its use is licensed through the OpenID
Foundation.
It is compliant with the OpenID protocol specification/standard
”

- It has received a license to use the OpenID trademark as well as written
approval from OpenID Foundation, (note: This may result in a more specific
required use of the trademark symbol and legend as defined by OIFD).

- The following legend is conspicuously placed on each copy of the websites
or products and on the title page of all product documentation:

“OpenID is a registered trademark and its use is licensed through the OpenID
Foundation.
(Note: OpenID Foundation reserves the right to modify the required text of
the legend on a case-by-case basis. For example, "OpenID is a registered
trademark of OpenID Foundation., its use is licensed through the
mycompany.).”

________________________________________
2.2 Company/Organization Names

OpenID can be used in the official name of any commercial (for profit)
business or entity only through a license written from OpenID Foundation.

OpenID can be used in the official name of any non-commercial (non-profit)
organization or entity only through a license written from OpenID
Foundation.

________________________________________
3. General Tips on Using Trademarks

A trademark should be used as an adjective immediately preceding a generic
noun such as in "OpenID protocol" or "OpenID software." A trademark should
not be used as follows:

Not Possessives: A trademark should never be used in possessive form. Use
"OpenID protocol's benefits," not "OpenID's benefits."

Not Plurals: A trademark should never be used in plural form. Use "All your
OpenID bases," not "All your OpenIDs."

Not Verbs: A trademark should never be used as a verb. Use "Send me a OpenID
message," not "OpenID me."

________________________________________
Links
More Information about the trademark:
http://www.uspto.gov/web/offices/pac/doc/general/whatis.htm 
...
________________________________________
Authors' Addresses
Johannes Ernst
Netmesh
Email: jernst at netmesh.us

Snorri Giorgetti
OpenID Europe
Email: snorri at snorri.eu

________________________________________

-----Message d'origine-----
De : legal-bounces at openid.net [mailto:legal-bounces at openid.net] De la part
de Drummond Reed
Envoyé : jeudi 16 août 2007 19:43
À : 'Recordon, David'; legal at openid.net
Objet : Re: [legal] Jabber Foundation Trademark Policy

I like it. And the precedent for using it is right at the bottom on the
front page: Jabber themselves borrowed their trademark licensing policy
(with permission) from the Linux Mark Institute.

It's just good open source practice: reuse whenever possible.

=Drummond 

> -----Original Message-----
> From: legal-bounces at openid.net [mailto:legal-bounces at openid.net] On Behalf
> Of Recordon, David
> Sent: Thursday, August 16, 2007 4:01 PM
> To: legal at openid.net
> Subject: [legal] Jabber Foundation Trademark Policy
> 
> I know Johannes had been talking about and suggested this, but here
> (http://www.jabber.org/trademark/) is the Jabber trademark policy.
> Figured I'd throw it out here for people to digest as ideally we'd be
> able to adopt it directly for OpenID.  Thoughts?
> 
> --David
> _______________________________________________
> legal mailing list
> legal at openid.net
> http://openid.net/mailman/listinfo/legal

_______________________________________________
legal mailing list
legal at openid.net
http://openid.net/mailman/listinfo/legal