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From "Henri Yandell (JIRA)" <j...@apache.org>
Subject [jira] [Commented] (LEGAL-353) Clarify fair use of trademarked logos
Date Sun, 10 Feb 2019 21:28:00 GMT

    [ https://issues.apache.org/jira/browse/LEGAL-353?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=16764574#comment-16764574
] 

Henri Yandell commented on LEGAL-353:
-------------------------------------

This seems to me like a fair use for icons. It's a fair use situation of referring to the
product, it's a situation in which the name of the product would clearly be an abnormal act,
and you have a clear copyright license to the icon source that fits with our licensing policies.

> Clarify fair use of trademarked logos
> -------------------------------------
>
>                 Key: LEGAL-353
>                 URL: https://issues.apache.org/jira/browse/LEGAL-353
>             Project: Legal Discuss
>          Issue Type: Question
>            Reporter: lbruun
>            Priority: Major
>
> Historically, before Apache NetBeans became an Apache project, the product would include
a number of trademark'ed logos in the form of icons. These would refer to browsers (Chrome,
Safari, etc).
> We need to get an understanding if we can continue to do so. And if so, under which conditions.
> A couple of links:
> https://en.wikipedia.org/wiki/Fair_use_(U.S._trademark_law)
> bq. A nonowner may also use a trademark nominatively—to refer to the actual trademarked
product or its source. In addition to protecting product criticism and analysis, United States
law actually encourages nominative usage by competitors in the form of comparative advertising.
> Some more, that might better hold up:
> https://www.inta.org/TrademarkBasics/FactSheets/Pages/Fair-Use-of-TrademarksNL.aspx
> bq. Nominative fair use generally is permissible as long as (1) the product or service
in question is not readily identifiable without use of the trademark, (2) only so much of
the mark as is reasonably necessary to identify the product or service is used and (3) use
of the mark does not suggest sponsorship or endorsement by the trademark owner.
> Our reading is that the use of trademarked logos should be ok, as long as the intention
is to refer to the product itself and it is required to be quickly recognizable.
> In particular for browsers the use of their logos seems to be widespread. Here's an example
from Microsoft where logos from competitors are used: https://developer.microsoft.com/en-us/microsoft-edge/platform/catalog/?page=1&q=CSSStyleDeclaration
> Note that the question is not about the license of the art-work itself. The question
is about use of trademarks. If the question cannot be answered generically then limit the
answer to browser logos.
> Thanks



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