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Date: Tue, 20 Dec 2011 16:35:48 -0600
From: "William A. Rowe Jr." <wrowe@rowe-clan.net>
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To: general@incubator.apache.org
CC: Ross Gardler <rgardler@opendirective.com>
Subject: Re: [PROPOSAL] Flex for Apache Incubator
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On 12/20/2011 4:24 PM, Ross Gardler wrote:
> The proposal says "Existing Flex-related conferences, podcasts and
> websites should be allowed to continue using “Flex” as part of their
> name - Apache Flex will have to create guidelines for that."
> 
> Whilst I don't see any problem with that in principle it would be
> really useful to itemise these items so that we know what we are
> dealing with.

It's a problem as a blanket statement.  If the project is not going
to donate its name, it needs to pick a new name on its way into the
incubator, before graduation.

As far as acceptable specific uses for commercial purposes, there
is a mechanism for writing MoU's between the ASF and such parties
that clarify any possible confusion.

As far as acceptable generic cases, it is always acceptable to use
any trademark in an informational context.

To offer an example, "Flex Conference 2012" would not be allowable
without a MoU.  "WizBang 2012; a technical conference about Apache
Flex" doesn't need trademark permission, because in that second case,
it is a simple statement of fact.  "GooCorp Flex" product name would
not be allowed without a MoU.  "GooCorp FooD; based on Apache Flex"
doesn't need trademark permission, because again it is a simple
statement of fact.

We love adoption.  We don't want entities to misrepresent themselves
as the ASF project itself or that they are endorsed by the ASF.


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