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Trademark policy for ITP Percona XtraBackup


I'm Stewart and I work for Percona. One of the things I'm currently
working on is ensuring all our free and open source software projects
are packaged for all the major linux distributions - including my
beloved Debian.

We're wanting to have Percona XtraBackup be part of Debian. Percona
XtraBackup is an online backup tool for MySQL, MariaDB, Percona Server
and Percona XtraDB Cluster. In the near future, we will also wanting our
packages for Percona Server and Percona XtraDB Cluster to be part of

The bug for packaging Percona XtraBackup:

One issue that came up on debian-devel is that of trademarks.

A while ago we developed a trademark policy with an eye towards both
keeping the lawyers happy and keeping Linux distributions happy. The 3rd
exception in it was crafted with Linux distributions in mind. Basically
the idea was to say "patch it enough so that it fits the requirements
for running on a platform" while ensuring that someone randomly pulling
in random patches couldn't cause confusion between what we release and
what they release.

So, my ideal response to this mail is "looks good, awesome!". My second
ideal response is "tweak the language this way" and our lawyers are
happy with that.

I've reproduced the policy below, but it's also up at:

> This Trademark Policy is to ensure that users of Percona-branded
> products or services know that what they receive has really been
> developed, approved, tested and maintained by Percona. Trademarks help
> to prevent confusion in the marketplace, by distinguishing one
> company’s or person’s products and services from another’s.
> Percona owns a number of marks, including but not limited to Percona,
> XtraDB, Percona XtraDB, XtraBackup, Percona XtraBackup, Percona
> Server, and Percona Live, plus the distinctive visual icons and logos
> associated with these marks. Both the unregistered and registered
> marks of Percona are protected.
> Use of any Percona trademark in the name, URL, or other identifying
> characteristic of any product, service, website, or other use is not
> permitted without Percona’s written permission with the following
> three limited exceptions.
> First, you may use the appropriate Percona mark when making a
> nominative fair use reference to a bona fide Percona product.
> Second, when Percona has released a product under a version of the GNU
> General Public License (“GPL”), you may use the appropriate Percona
> mark when distributing a verbatim copy of that product in accordance
> with the terms and conditions of the GPL.
> Third, you may use the appropriate Percona mark to refer to a
> distribution of GPL-released Percona software that has been modified
> with minor changes for the sole purpose of allowing the software to
> operate on an operating system or hardware platform for which Percona
> has not yet released the software, provided that those third party
> changes do not affect the behavior, functionality, features, design or
> performance of the software. Users who acquire this Percona-branded
> software receive substantially exact implementations of the Percona
> software.
> Percona reserves the right to revoke this authorization at any time in
> its sole discretion. For example, if Percona believes that your
> modification is beyond the scope of the limited license granted in
> this Policy or that your use of the Percona mark is detrimental to
> Percona, Percona will revoke this authorization. Upon revocation, you
> must immediately cease using the applicable Percona mark. If you do
> not immediately cease using the Percona mark upon revocation, Percona
> may take action to protect its rights and interests in the Percona
> mark. Percona does not grant any license to use any Percona mark for
> any other modified versions of Percona software; such use will require
> our prior written permission.
> Neither trademark law nor any of the exceptions set forth in this
> Trademark Policy permit you to truncate, modify or otherwise use any
> Percona mark as part of your own brand. For example, if XYZ creates a
> modified version of the Percona Server, XYZ may not brand that
> modification as “XYZ Percona Server” or “Percona XYZ Server”, even if
> that modification otherwise complies with the third exception noted
> above.
> In all cases, you must comply with applicable law, the underlying
> license, and this Trademark Policy, as amended from time to time. For
> instance, any mention of Percona trademarks should include the full
> trademarked name, with proper spelling and capitalization, along with
> attribution of ownership to Percona Ireland Ltd. For example, the full
> proper name for XtraBackup is Percona XtraBackup. However, it is
> acceptable to omit the word “Percona” for brevity on the second and
> subsequent uses, where such omission does not cause confusion.
> In the event of doubt as to any of the conditions or exceptions
> outlined in this Trademark Policy, please contact
> trademarks@percona.com for assistance and we will do our very best to
> be helpful.

Stewart Smith

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