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From Shane Curcuru <...@shanecurcuru.org>
Subject Re: [DISCUSS] Adopt the Monkey?
Date Mon, 29 Oct 2012 16:52:27 GMT
(Note the mixed distribution of public/private mailing lists)

Fundamentally, the ASF needs sufficient rights to use any donated 
logos/names as trademarks of the ASF for the actual software product 
(and, to a degree, the owning Apache project).  In this case, if Apache 
CloudStack wants to start using a monkey (or whatever) as an official 
project logo, then we need to ensure that whoever is donating the logo 
is also intending to donate the trademark rights to the ASF (which holds 
all trademarks on behalf of it's projects).  Note that trademarks are 
one of the few things that the Apache License excludes, so a normal iCLA 
is not always sufficient for branding questions.

- Is this a new logo, or has it already been used publicly to stand for 
some software product or service out there?

If it's new, a simple but clear email along with a checkin comment from 
the original author is sufficient.  If it's an existing logo that the 
public already associates with someone else's products, then we need the 
current product owner to make the trademark donation clear.

- Who created the logo?  An individual on their own, or someone employed 
by a $bigco where their IP may be owned by their employer?

If it's an individual the PMC knows, an email from them should be 
sufficient.  If it's a $bigco that potentially owns it, we should ensure 
some officer of the company confirms they are intending to donate it 
along with the individual artist.

Make sense?  Branding and trademark rights are different from copyrights 
and most iCLA/Apache license questions.  However if we have clear 
statements from the donor that they also intend to give us the trademark 
rights, we should be all set.

- Shane, laughing over the subject.  Does the monkey have a name yet?

On 10/29/2012 10:40 AM, Noah Slater wrote:
> IP clearance is for anything that was developed outside of the
> foundation, even if it was developed by people with ICLAs on file.
>
> I am looking for Shane's guidance on this.
>
> On 29 October 2012 13:21, Chip Childers <chip.childers@sungard.com
> <mailto:chip.childers@sungard.com>> wrote:
>
>     On Mon, Oct 29, 2012 at 8:52 AM, Noah Slater <nslater@apache.org
>     <mailto:nslater@apache.org>> wrote:
>      > It's been three days and it looks like we have unanimous consensus.
>      >
>      > The next steps are to do IP clearence. I am happy to work with
>     someone from
>      > Citrix on this. We'll need to establish what rights Citrix holds,
>     and then
>      > transfer these to the ASF. At that point, we can import the
>     source files,
>      > and start using it.
>
>     You might not need IP clearance, since Sony is a commiter on the
>     project (and has an ICLA on file).  I think the question isn't the
>     provenance of the logo design, it's to determine if there are any
>     conflicting marks already established by others.
>
>      > As for use of the mascot on t-shirts, etc, that is largely up to the
>      > PMC's discretion. When the time comes, it wouldn't hurt to
>     confirm things
>      > with Shane (our VP of Brand Management) but I have seen him say
>     before that
>      > each project is allowed to decide how their own marks are used.
>      >
>      > On 29 October 2012 12:27, Joe Brockmeier <jzb@zonker.net
>     <mailto:jzb@zonker.net>> wrote:
>      >
>      >> On Mon, Oct 29, 2012, at 05:40 AM, Rohit Yadav wrote:
>      >> > Hi,
>      >> >
>      >> > Can we put high resolution mascot svg, png etc. somewhere on
>      >> > incubator.apache.org/cloudstack
>     <http://incubator.apache.org/cloudstack> so people we can download
>     and use them
>      >> > (under CC or suitable license) for their t-shirts, keynotes
>     and whatnot.
>      >>
>      >> If we decide to adopt the monkey (which is looking likely) and
>     we find
>      >> that it doesn't have any trademark issues that would prevent our
>     using
>      >> it, then I'll ask Sonny to provide all the original artwork so
>     we can
>      >> use it.
>      >>
>      >> However - IIRC Apache has rules around using project trademarks for
>      >> t-shirts, and such. You might want to look at those before doing
>      >> t-shirts, etc.
>      >>
>      >> Best,
>      >>
>      >> Joe
>      >> --
>      >> Joe Brockmeier
>      >> jzb@zonker.net <mailto:jzb@zonker.net>
>      >> Twitter: @jzb
>      >> http://www.dissociatedpress.net/
>      >>
>      >
>      >
>      >
>      > --
>      > NS
>
>
>
>
> --
> NS


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