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From Shane Curcuru <...@shanecurcuru.org>
Subject Legal and policy ideas on "used with permission" for marks attributions
Date Tue, 08 Feb 2011 21:31:41 GMT
In codifying our trademark policy, there are some classes of use that I 
believe we want to broadly allow, with just a few caveats.  In some 
cases, one of the caveats is that the third party explicitly accepts and 
follows our caveats - presumably, in the form of emailing us for permission.

My thought is that to distinguish this case (i.e. where third parties 
have gotten our permission), I'd like to have our policy require that 
they include an attribution that includes the text:

", and are used with permission as of 2011."

That seems like it will be helpful, since other parties can see that in 
this use case, the use *is* approved by Apache.  In some cases, I think 
that distinction would be useful to have, versus other third parties 
(fourth parties?) who simply use our marks with an attribution, but 
without asking us for permission.

- Does this phrase have any specific (or general) legal meanings?  I 
think the social aspect - allowing fourth parties to see this third 
party is "doing it right" is important, but I don't know what the actual 
legal aspect is.

- Are there policy implications to using this fairly broadly in allowing 
third party uses of our marks, for example, in domain names?  One 
obvious example is tomcatexpert.com, which overall my thinking is a 
positive impact, however I'd like an explicit acknowledgment that the 
owner will respect and properly attribute our Tomcat mark.

Thanks for pointers or suggestions, either here or on a private list.

- Shane

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