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From "Jennifer O'Neill" <jennifer...@gmail.com>
Subject Re: Software product trademark use in training naming
Date Thu, 20 Jan 2011 05:20:09 GMT
Thanks Larry!  I know I'm not too off-track if I get you onboard.  ;-)

On Wed, Jan 19, 2011 at 11:17 PM, Lawrence Rosen <lrosen@rosenlaw.com>wrote:

>  Jennifer O'Neill wrote the following. I like all her suggestions! (I
> repeat her text here only because it appeared in a 7.5 point font in my
> email and I couldn't read it at first.) /Larry
>
>
>
> ****************
>
>
>
> OK, thanks.  Then I would recommend that ASF only authorize course names
> that (a) make it clear ASF isn't offering the certification and (b) honor
> and protect Apache's trademarks by following acceptable practices.
>
>
>
> To cover the first point, an OK name for training might be "BigCo
> Certification for Apache Foo Software" or "BigCo: Training 101 for Apache
> Foo Software".  By separating the Apache project name into its own
> prepositional phrase, you're making it clear that BigCo, not Apache, is
> offering the course (as opposed to, say "Apache Foo 101 Training by BigCo,"
> which could imply that ASF put together introductory materials that BigCo is
> now presenting).
>
>
>
> On the second point, the third party should use "Apache" and other ASF
> trademarks only in accordance with the following guidelines, some of which
> are already set forth at http://www.apache.org/foundation/marks/:
>
>
>
> (1) The (R), (TM) and (SM) symbols, where applicable, should appear the
> first time the third party references that trademark or servicemark.  ASF
> may want to update its list of its trademarks for this purpose to add the
> applicable symbol.  (R) means it's been granted formal trademark
> registration by the US PTO; (TM) and (SM) means ASF is claiming common law
> trademark rights in the good or service named.
>
>
>
> (2) I'll use "trademark" here to mean registered trademarks, "regular"
> trademarks, and servicemarks.  A trademark should always be capitalized and
> serve as an adjective, e.g., "Apache(R) Foo(TM) software" [I'm not sure of
> the exact status of these trademarks so this is just an example].  Apache
> Foo are trademarked descriptors for the software in this instance.
> Other examples of using an trademark correctly as an
> adjective include "Windows(R) operating system," "Java(R) Development Kit
> code," and "IBM(R) server".
>
>
>
> (3) You may want to require the third party to include a formal attribution
> in their advertising and course materials that kills two birds (of a
> feather) at once, e.g..
>
>
>
> *Apache and Foo are either registered trademarks or trademarks of Apache
> Software Foundation in the United States and/or other countries.  The Apache
> Software Foundation has no affiliation with and does not endorse, provide or
> review the materials comprising this course, which is developed and offered
> solely by BigCo. *
>
>
>
> (4) ASF trademarks should not be used to describe anything other than
> Apache-controlled "things," e.g., Apache Foo software.  The third party
> shouldn't say "I offer Apache certification". He can say "I offer
> certification in Apache Foo software," or "I offer training focused on
> Apache projects."  If he developed software that was compatible with an
> Apache project, he could call it "an Apache-based component" or "software
> developed for use with/that works with Apache Foo software."
>
> (5) If you want to grant the third party the right to use the logo in
> connection with the marketing and provision of the course, then the third
> party should sign a trademark license with specific rules on what he/she can
> do with the Apache logo.  There should be a distinctive separation between
> the company name/mark and the Apache feather logo or name.
>
> Let me know your thoughts.  I can help you put something together more
> formal if desired.
>
> Thanks -- Jennifer
>
>
>

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