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From Shane Curcuru <...@shanecurcuru.org>
Subject Re: Question about project want to come out from incubator
Date Tue, 24 Nov 2015 01:52:41 GMT
The organizational requirement is that the ASF owns the trademark and
the goodwill associated with it before *graduation*.  Thus legal
ownership of the trademark during incubation is quite flexible for us,
as long as the clear intent is to donate it, and we have good faith
effort towards that goal.

If a podling honestly fails incubation (i.e. they honestly try but don't
make it), and we have not executed specific legal agreements to transfer
any *registered* trademarks, then they should stay with the original
donor without any problem.  Unregistered trademarks aren't likely to be
an issue either way.

If we have a specific company who is concerned about the details of how
the trademark agreement would work, I'm happy to work with them on
trademarks@ (private) or on vp-brand@ (a private alias for legally
privileged issues).

The legal side of trademarks does not need to be an issue at all.

Mark makes an excellent point about the bigger picture: the donating
company needs to think through if they intend to donate the brand with
the project, or if they want to keep the brand and have the project
choose a new name to start incubation.  Both are fine; it depends on the
situation.

- Shane

Mark Thomas wrote on 11/23/15 4:54 PM:
> On 23/11/2015 21:37, Sean Busbey wrote:
>> I would expect the more relevant bit would be the trademarks, yes?
> 
> Re-assigning trademarks back to a corporate entity is legally tricky
> because of the ASF's charitable status.
> 
> There are two relatively simple approaches:
> 1. Rename the project when it enters the incubator
> 2. Donating company makes a public undertaking to transfer trademarks to
> the ASF on successful graduation.
> 
> Mark
> 
> 
>>
>> On Mon, Nov 23, 2015 at 1:45 PM, Mark Thomas <markt@apache.org> wrote:
>>> On 23/11/2015 19:32, Henry Saputra wrote:
>>>> Hi,
>>>>
>>>> I have question from potential incubator project. If somehow a project
>>>> contributed by a company could not survive the incubator process, can
>>>> the sponsoring company take back the copyright and grant given to
>>>> Apache?
>>>
>>> The copyright is never transferred to Apache. It remains with the
>>> original copyright holders.
>>>
>>> The terms of the SGA are clear. The key word is "irrevocable".
>>>
>>> The code covered by the SGA and donated to the ASF would remain AL2
>>> licensed.
>>>
>>> Nothing would stop the company continuing to develop their product under
>>> any license they choose including closed source. The SGA would have no
>>> impact on this.
>>>
>>> Mark
>>>
>>>
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