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From "Andrew Purtell (JIRA)" <j...@apache.org>
Subject [jira] [Created] (LEGAL-216) Is use of the "org.apache" package in non-ASF Scala software a trademark issue?
Date Fri, 30 Jan 2015 02:27:35 GMT
Andrew Purtell created LEGAL-216:

             Summary: Is use of the "org.apache" package in non-ASF Scala software a trademark
                 Key: LEGAL-216
                 URL: https://issues.apache.org/jira/browse/LEGAL-216
             Project: Legal Discuss
          Issue Type: Question
            Reporter: Andrew Purtell

I've never seen software originating from other than the ASF distribute Scala based software
with "org.apache" package prefixes before, but recently looked inside Gearpump (https://github.com/intel-hadoop/gearpump)
and found this practice to my surprise. Since this is a GitHub hosted project with an active
issue tracker, I was thinking of filing an issue asking for a substitution of e.g. "com.intel"
for "org.apache" but thought I would ask here first if the Foundation sees this as an issue.
Some Googling didn't turn up a precise answer to this question. The closest I found is the
section on domain names in http://www.apache.org/foundation/marks/, which states:
You may not use ASF trademarks such as "Apache" or "ApacheFoo" or "Foo" in your own domain
names if that use would be likely to confuse a relevant consumer about the source of software
or services provided through your website, without written approval of the VP, Apache Brand
Management or designee. You should apply the "likelihood of confusion" test described above,
and please realize that the use of ASF trademarks in your domain names is generally not "nominative
fair use."

In this case I think there would be confusion as to the source of this software. I'm not able
to find a clear indication of the organization of origin in any bundled file, the layout,
LICENSE file, and file copyright headers look much like Apache released software. 

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