If you've ever stumbled upon http://www.debian.org/trademark , you might
be aware that, as a project, we've been working on a proper trademark
policy since quite a while.
I'm happy to attach a first complete draft of such a policy, and I'm
looking for comment on it.
The ideal goal is reaching consensus on some version of the policy
document and then ask SPI (as the trademark owner) to ratify it as the
trademark policy associated to Debian trademarks.
A few notes that might be helpful in going through the text:
- we've asked for advice in producing a policy that is "as free as
possible", but still capable of defending Debian identity, which is
what trademark protection is about (a nice read on the matter is [1],
with early/ancient thoughts by Mako on the matter)
- it should be compatible with the result of our past discussions [2] on
how to handle trademarks in the Debian archive in general
[1]: http://wiki.mako.cc/TrademarkFreedom
[2]: https://lists.debian.org/debian-project/2012/02/msg00073.html
- there is a potential exception to the "as free as possible" principle,
though, in the following provision:
You can also make merchandise with DEBIAN trademarks for commercial
usage provided that, in addition to following the guidelines listed
below, you truthfully advertise to customers which part of the
selling price will be donated to the DEBIAN project.
I've proposed the above, mainly as a thought experiment on how to
solve a problem that I think we have with many offerings of Debian
merchandise out there, including our some of our conference booths. I
think the principle contained therein is a sane one, but I understand
that it will limit usage of Debian trademarks, stepping out of mere
identity integrity.
I'd like to hear opinions on this provision. I'd personally have no
problem if people prefer to take it back. As a middle ground, we might
demote the "provided that" to a "you should", which have no binding
force, but helps in conveying the message that we appreciate clarity
on where the money goes, when selling something with "Debian" on it.
- the part on the logo is currently bogus, as we haven't trademarked our
logos, yet. SPI lawyers recommend that we do so, which is why I'm
sharing the policy text about it: in case we eventually decide to do
so.
Acknowledgements
----------------
Many thanks for their help in preparing this draft goes to SPI's lawyers
at SFLC (in particular: Mishi Choudhary) and to Benjamin Mako Hill.
Comments welcome,
Cheers.
--
Stefano Zacchiroli zack@{upsilon.cc,pps.jussieu.fr,debian.org} . o .
Maître de conférences ...... http://upsilon.cc/zack ...... . . o
Debian Project Leader ....... @zack on identi.ca ....... o o o
« the first rule of tautology club is the first rule of tautology club »
\section{DRAFT Debian Trademark Policy DRAFT}
SPI, INC. owns a number of trademarks in both word and logo form including
brands, slogans, styles. This policy encompasses all marks, in word and logo
form, collectively referred to as ``DEBIAN trademarks''.
The objective of this trademark policy is to encourage widespread use and
adoption of the DEBIAN trademarks, styles, and logos (hereinafter
``trademarks'') while ensuring consistent usage which avoids any confusion in
the mind of the users. The goal of this policy is to encourage use of the
DEBIAN mark in commercial or non-commercial activity based around DEBIAN.
Following are the guidelines for the proper use of DEBIAN trademarks by
publishers and other third parties. Any use of or reference to DEBIAN
trademarks that is inconsistent with these guidelines, or other unauthorized
use of or reference to DEBIAN trademarks, or marks that are confusingly similar
to DEBIAN trademarks, is prohibited and may violate DEBIAN trademark rights.
Any use of DEBIAN trademarks in a misleading and false manner or in a manner
that disparages DEBIAN, such as untruthful advertising, is always prohibited.
\subsection{When to Use the DEBIAN Trademarks}
\begin{enumerate}[1.]
\item You can use DEBIAN trademarks to make true factual statements about
DEBIAN or communicate compatibility with your product truthfully.
\item You can use DEBIAN trademarks to describe or advertise your services or
products relating to DEBIAN in a way that is not misleading.
\item You can use DEBIAN trademarks to describe DEBIAN in articles, titles or
blog posts.
\item You can make t-shirts, desktop wallpapers, caps, or other merchandise
with DEBIAN trademarks for \emph{non-commercial usage}. You can also make
merchandise with DEBIAN trademarks for \emph{commercial usage} provided that,
in addition to following the guidelines listed below, you truthfully
advertise to customers which part of the selling price will be donated to the
DEBIAN project. See \texttt{http://www.debian.org/donations} for more
information on how to donate to the DEBIAN project.
\end{enumerate}
\subsection{When You Can NEVER Use the DEBIAN Trademarks Without Permission}
\begin{enumerate}[1.]
\item You cannot use DEBIAN trademarks in any way that suggests an affiliation
with or endorsement by the DEBIAN project or community.
\item You cannot use DEBIAN trademarks in a company or organization name or as
the name of a product or service.
\item You cannot use name that is confusingly similar to DEBIAN.
\item You cannot use DEBIAN trademarks in a domain name, with or without
commercial intent.
\item You cannot alter the DEBIAN trademarks in any way.
\end{enumerate}
\subsection{How to Use the DEBIAN Trademarks}
\begin{enumerate}[1.]
\item Use it in a manner that makes it clear that your project is related to
the DEBIAN project, but that it is not part of DEBIAN, produced by the DEBIAN
project, or endorsed by the DEBIAN project.
\item Acknowledge of SPI's ownership of the DEBIAN trademark prominently.
\item Include a disclaimer of sponsorship, affiliation, or endorsement by
DEBIAN on your website and on all related printed materials.
EXAMPLES:
X PROJECT is not affiliated with DEBIAN. DEBIAN is a registered trademark
owned by SPI, INC.
\item Distinguish the DEBIAN trademarks from the surrounding words by
italicizing, bolding or underlining it.
\item Use the DEBIAN trademarks in their exact form, neither abbreviated or
hyphenated, nor combined with any other word or words.
\item Do not create acronyms using the DEBIAN trademarks.
\end{enumerate}
\subsection{Permission To Use}
To obtain permission to use the DEBIAN trademarks send an email to
\texttt{trademark@debian.org}
\subsection{Newer Versions of this Policy}
This policy may be revised from time to time and updated versions shall be
available at \texttt{http://www.debian.org/trademark}
\subsection{Guidelines for Using Logos}
\begin{itemize}
\item Any scaling must retain the original proportions of the logo.
\item Logo should only use ``official'' logo colors.
\item Do not use the DEBIAN logo as part of your company logo or product logo
or branding itself. It can be used as part of a page describing your products
or services.
\item You need not ask us for permission to use logos on your own website
solely as a hyperlink to the DEBIAN project website.
\end{itemize}
For any queries with respect to these guidelines, please send an email to
\texttt{trademark@debian.org}
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