All board members are requested to vote YEA or NAY on adoption of the attached Trademark Policy for Inkscape. All votes must be posted to this mailing list to be counted. This is a simple majority vote, but for something like this I should expect us to be in consensus, so if you vote NAY please provide your rationale so we can all consider those thoughts. Please have your final vote in by Monday May 20th. Bryce ----- Forwarded message from Tony Sebro <tony@...41...> ----- Date: Wed, 08 May 2013 15:57:51 -0400 From: Tony Sebro <tony@...41...> To: inkscape@...41... Subject: finalizing adoption of Inkscape TM policy Hi, all. During the last thread on this topic, it seemed as if you had reached some consensus about Inkscape's TM policy, and the conversation shifted towards identifying those who own copyrights in the Mountain Graphic logo. So, I send this as follow up to ask your committee to make a final decision re: the language of an Inkscape TM policy. I've attached the latest version of the policy for your review. Based on your collective feedback, the current version grants more freedom re: modifying and creating derivative works using the logo, and only expressly forbids use of the Logo as a logo for an unrelated product or service. Note: Ponyscape would still technically violate this policy, but we're still free to grant them a written exception. *As a next step:* please vote to approve the policy as a committee. If it's approved, I'll then find a solution re: determining the ownership of copyrights in the Mountain Graphic logo. If the policy isn't approved, then let me know what you'd like to see changed. Thanks! -Tony -- Tony Sebro, General Counsel, Software Freedom Conservancy +1-212-461-3245 x11 tony@...41... www.sfconservancy.org Inkscape TRADEMARK USAGE POLICY 1 Purpose Software Freedom Conservancy (???Conservancy???) has adopted this Policy to make sure that the identity of the Inkscape graphics editor and its free and open source nature is clear to everyone. By using this Policy, the Inkscape Project can spread the use of Inkscape while making sure that the mark is protected in a way that's consistent with U.S. trademark law. This Policy is written to allow all clear and appropriate use of the Inkscape marks while preventing abusive use of them in ways that could confuse users as to where the software came from. By adhering to this Policy, you help to promote to the public the freedom to use and develop the Inkscape Project's software. The Inkscape Project is a member project of Conservancy. The Conservancy holds rights in the Marks in accordance with its non-profit mission on behalf of the Inkscape Project. Throughout this Policy, the word "Marks" refers to the following: * the terms "Inkscape," "Inkscapers," and "Live Path Effects" * the Mountain Graphic Logo ("Inkscape Logo"), depicted here: [FIXME: insert URL] [here, we want to include all logos and graphic word marks. Ideally, we want to display embedded image files and/or post a hyperlink to where the images can be viewed or downloaded] * the slogan "Draw Freely" [here, we want to include all slogans or tag lines associated with the XYZ software] This Policy is only concerned with Marks associated with the Inkscape Project, and does not address any copyrights associated with Inkscape software. 2 Guidelines for using the Marks 2.1 Trademark symbol on first mention The first prominent mention of the name should be immediately followed by a symbol for trademark: "^tm". For example: "Inkscape^tm". This requirement is waived in all contexts where such marks are not normally included: email, online discussion, non-graphical advertisements (when permitted), and academic papers. We encourage the use of the symbol whenever possible, but recognize that many non-commercial and informal uses will omit it. 2.2 Use of the Marks without written permission You may use the Marks without prior written permission (subject to the other sections): 1. To refer to the Inkscape software in substantially unmodified form. "Substantially unmodified" means built from the source code provided by the Inkscape Project, possibly with minor modifications including but not limited to: the enabling or disabling of certain features by default, translations into other languages, changes required for compatibility with a particular operating system distribution, or the inclusion of bug-fix patches). 2. To identify Inkscape software as a distinct component of a software offering. 3. To factually refer to the Inkscape Project itself, its products, or its protocols. In addition, you may use the Marks to refer to products, services, or communities outside of the Inkscape software and Inkscape Project without written permission in the following contexts: 4. When referring to Inkscape software that is not substantially unmodified, to say that the such software is a "derivative of" or "based on" Inkscape. 5. When referring to communities of users in the context of their use of the Inkscape software, e.g., virtual communities, community-moderated online forums, consortia of organizational users, etc., provided that the Marks are not used to suggest endorsement of any user community by the Inkscape Project. We do not charge a fee for a license to use the Marks in these contexts. However, we do of course welcome donations. If you're interested in donating to the Inkscape Project, care of Conservancy, visit http://inkscape.org/donate.php. Conservancy is a 501(c)(3) public charity. 2.3 Using the Marks as part of a product name You may use the Marks as part of the name of a product designed to work with Inkscape, so long as the name as a whole (via its other components) clearly and unambiguously distinguishes the product from Inkscape software itself, and the general presentation of the product does not imply any official association or identity with the Inkscape Project. Because it would be awkward to attach a trademark symbol to a portion of a larger name whose other portions might themselves be trademarked, the requirement to display the symbol is waived for this circumstance. 2.4 Prohibited usages of the Marks You may not use the Marks in the following ways: * In any way likely to cause confusion as to the identity of the Inkscape Project, the provenance of its software, or the software's license. * In any way that indicates a greater degree of association between you and the Inkscape Project than actually exists. * In any way that implies a designated successor to Inkscape (e.g., "Inkscape++" is not permitted). * In any way that indicates that Inkscape favors one distribution, platform, product, etc. over another except where explicitly indicated in writing by Inkscape. 2.5 Limitations to this Policy This Policy does not confer any rights to use the trademarks ???Software Freedom Conservancy,??? ???Conservancy,??? or to use any other trademarks other than the Marks listed in Section 1. This Policy does not authorize you to act as an agent for Conservancy, enter into any agreement on behalf of or otherwise create any liability for the Inkscape Project or Conservancy. 2.6 Guidelines for using the Inkscape Logo The copyright associated with the Inkscape Logo are licensed under the Creative Commons license Attribution-ShareAlike 3.0 United States license. The Inkscape Project encourages artists to use, modify, and create derivative works of the Inkscape Logo. That being said, the Inkscape Logo also serves as a graphic Mark for the Inkscape Project. To prevent the creation of separate depictions of the Inkscape Logo that would intentionally or inadvertently compete with and dilute our Mark, we ask that when using the Logo to refer to the Inkscape Project and/or to the Inkscape software, you use the Logo in compliance with the general usage guidelines provided in this Policy. We also ask that you not use the Inkscape Logo, or any portion of the Inkscape Logo, as part of a trademark, logo, or brand to be associated with any other product, service, or entity other than Inkscape. For example, an artists is welcome to create a derivative work using the Inkscape Logo; however, a ficticious trucking company does not have permission to use that derivative work as its corporate logo. The Inkscape Project and Conservancy reserve the right to prohibit the use of the Logos in a manner inconsistent with these guidelines that would weaken or dilute the Inkscape Logo, create a likelihood of confusion, or otherwise infringe upon the trademark rights of Conservancy and the Inkscape Project in the Inkscape Logo. 2.7 Use of the Marks in merchandising You may create and sell merchandise using the Inkscape name and the Inkscape Logo without additional permission provided that you use only unmodified graphics from the logo page on the Inkscape website. Please contact us if you would like to sell any other merchandise containing the Marks. This section is subject to the other provisions contained in this Policy, including those regarding permissions required for usage and using the Marks as part of a product name. 3 Rights reserved by Conservancy Conservancy reserves the sole right to: * Determine compliance with this Policy. * Modify this Policy in ways consistent with its mission of protecting the public. * Grant exceptions to this Policy, of any kind and for any reason whatsoever, other clauses notwithstanding. 4 Questions This Policy is designed to keep Inkscape's Marks safe in order to protect this software's reputation, earned by the contributions of the Inkscape Project to the [free and] open source software community. If you see any use of the Marks anywhere that you think violates this Policy or otherwise goes against the spirit of the Inkscape Project and Conservancy's mission, please bring it to Conservancy's attention by contacting us at [TRADEMARK@...58...]. If you have questions about using the Marks, or if you think you should be able to use the Marks for any purpose not allowed by this Policy and would like permission for that use, please contact Inkscape by emailing [TRADEMARK@...58...] or by writing to Inkscape Project c/o Software Freedom Conservancy, 137 Montague St. Ste 380, Brooklyn, NY 11201-3548. ----- End forwarded message -----