From legal-discuss-return-15666-archive-asf-public=cust-asf.ponee.io@apache.org Sun Feb 10 21:28:03 2019 Return-Path: X-Original-To: archive-asf-public@cust-asf.ponee.io Delivered-To: archive-asf-public@cust-asf.ponee.io Received: from mail.apache.org (hermes.apache.org [140.211.11.3]) by mx-eu-01.ponee.io (Postfix) with SMTP id 4B1F618064C for ; Sun, 10 Feb 2019 22:28:03 +0100 (CET) Received: (qmail 89027 invoked by uid 500); 10 Feb 2019 21:28:02 -0000 Mailing-List: contact legal-discuss-help@apache.org; run by ezmlm Precedence: bulk List-Help: List-Unsubscribe: List-Post: Reply-To: legal-discuss@apache.org List-Id: Delivered-To: mailing list legal-discuss@apache.org Received: (qmail 89015 invoked by uid 99); 10 Feb 2019 21:28:02 -0000 Received: from mailrelay1-us-west.apache.org (HELO mailrelay1-us-west.apache.org) (209.188.14.139) by apache.org (qpsmtpd/0.29) with ESMTP; Sun, 10 Feb 2019 21:28:02 +0000 Received: from jira-lw-us.apache.org (unknown [207.244.88.139]) by mailrelay1-us-west.apache.org (ASF Mail Server at mailrelay1-us-west.apache.org) with ESMTP id 9C1D9E2775 for ; Sun, 10 Feb 2019 21:28:01 +0000 (UTC) Received: from jira-lw-us.apache.org (localhost [127.0.0.1]) by jira-lw-us.apache.org (ASF Mail Server at jira-lw-us.apache.org) with ESMTP id 8B5F92446B for ; Sun, 10 Feb 2019 21:28:00 +0000 (UTC) Date: Sun, 10 Feb 2019 21:28:00 +0000 (UTC) From: "Henri Yandell (JIRA)" To: legal-discuss@apache.org Message-ID: In-Reply-To: References: Subject: [jira] [Commented] (LEGAL-353) Clarify fair use of trademarked logos MIME-Version: 1.0 Content-Type: text/plain; charset=utf-8 Content-Transfer-Encoding: quoted-printable X-JIRA-FingerPrint: 30527f35849b9dde25b450d4833f0394 [ https://issues.apache.org/jira/browse/LEGAL-353?page=3Dcom.atlassian.= jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=3D16764= 574#comment-16764574 ]=20 Henri Yandell commented on LEGAL-353: ------------------------------------- This seems to me like a fair use for icons. It's a fair use situation of re= ferring to the product, it's a situation in which the name of the product w= ould 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 produc= t 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, u= nder 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=E2=80=94to refer to = the actual trademarked product or its source. In addition to protecting pro= duct criticism and analysis, United States law actually encourages nominati= ve 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-Tradema= rksNL.aspx > bq. Nominative fair use generally is permissible as long as (1) the produ= ct or service in question is not readily identifiable without use of the tr= ademark, (2) only so much of the mark as is reasonably necessary to identif= y the product or service is used and (3) use of the mark does not suggest s= ponsorship 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 q= uickly 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: ht= tps://developer.microsoft.com/en-us/microsoft-edge/platform/catalog/?page= =3D1&q=3DCSSStyleDeclaration > Note that the question is not about the license of the art-work itself. T= he question is about use of trademarks. If the question cannot be answered = generically then limit the answer to browser logos. > Thanks -- This message was sent by Atlassian JIRA (v7.6.3#76005) --------------------------------------------------------------------- To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org For additional commands, e-mail: legal-discuss-help@apache.org