[Marketing-Public]draft trademarks policy

Bart Decrem marketing-public at mozilla.org
Sat, 04 Oct 2003 01:52:59 -0700


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Hi everyone,

Based on all the feedback I've received, I've created a draft trademarks 
policy.  Comments are welcome.

Bart*



Introduction*

The objectives: (1) to promote the broad adoption of Mozilla 
technologies and products by making the Mozilla brand ubiquitous, (2) to 
support our community, including localizers and other projects, by 
allowing them to indicate that they are part of the "Mozilla movement" 
in some way, (3) to protect our trademarks so that we'll be able to 
enforce them and to ensure that customers can trust the Mozilla name.

All of the provisions below are about the use of the Mozilla name and 
logos for promoting or describing software, not redistribution of the 
software itself.

Note that this proposal is a lot more liberal than for instance Red Hat, 
which doesn't allow CD vendors to market their product as Red Hat Linux, 
even if the software is unmodified.  I think that makes sense since we 
are a non-profit effort and are eager to achieve broad adoption.

* I. Stated Policy*

[This is not the wording that would appear on our web site, but a 
description of what we want to say]

1- If you are redistributing unmodified versions or the most current 
final releases of our software, you may use the Mozilla name and logos 
to identify the software without further approval.  This includes CD and 
online distribution.  You can advertise that you're shipping or selling 
Mozilla and use our logos to identify our software.  Unmodified means: 
without any changes (no changes to the start page, or bookmarks, for 
instance).
Example:  The Mozillaoncd.com people are entitled to market the product 
they sell as Mozilla 1.4 if it is in fact identical to the product that 
is available from our FTP site (see below for their use of Mozilla in 
their domain name);

2- Approval is not required for certain "fair uses" of the Mozilla 
marks, such as screenshots of our software in magazine articles or 
reviews of our software.  Screenshots of our software in reviews of 
non-Mozilla web sites and other non-promotional activities probably also 
don't require permission;

3- All other uses of the Mozilla marks require prior written permission.

*II. Guidelines on whether to grant permission to use Mozilla marks
*
[These guidelines would be used by the "trademarks committee", which 
would consist of Kerz, Dawn and Bart.  The committee would make most 
decisions, but consult with marketing-private and/or Mitchell as 
needed.  Mitchell would be kept informed, especially in the early stages 
of implementation.]

1.  Distributing Mozilla software with configuration-related 
modifications, including things like: changing the start page and 
bookmarks, changing themes, adding extensions, pre-installing the 
software on CDs or computers, and translating or localizing the 
software, and making minor bug fixes.  Permission will almost always be 
granted to call the product Mozilla and use our logos to identify the 
product.  We'll require that bug fixes be provided back to us, that the 
licensee make a reasonable effort to market the most recent final 
version of our software and there will be a quality assurance provision. 
Examples: Red Hat would ask us for permission once, then they'd get a 
license.  Lindows may have been in breach when they shipped outdated 
versions of Mozilla;

2.  Distributing Mozilla software that has substantive changes.  This 
could include, for instance, making a "Mozilla distribution" that has 
been polished for a certain target audience, includes commercial plugins 
etc.  We would evaluate on a case by case basis whether this software 
could use the Mozilla marks, or identify itself as "Based on Mozilla" or 
"Includes Mozilla". Factors for consideration: (1) consumer confusion.  
Will the consumer be getting a product that's different from what they 
expect to get when they boot up "Mozilla"; (2) naming and other mark 
conventions.  Does the branding of the product make such confusion more 
or less likely; (3) does this use further the goals of the Mozilla 
Foundation by either promoting adoption or supporting the Mozilla 
Foundation in some other way. 
Examples: If the MozillaPL project wants to create a version of Mozilla 
that is fully localized but includes a number of plugins with it, we 
would consider their request and decide based on all the factors.  One 
possible outcome might be that we ask them to mark it "includes Mozilla" 
and not use the name MozillaPL for this product;
 
3.  Withdrawing permission to use the Mozilla marks with software 
distribution. Permission can be withdrawn, if, after receiving notice, a 
distributor fails to make best efforts to address our concerns about 
shipping a recent product and ensuring that the product is of high 
quality.  So if you're shipping old versions of software and we put you 
on notice, you have to fix that or lose trademark permission.  If you've 
made some minor changes or localization work that degrades the quality 
of the product, and we put you on notice, you have to fix that or lose 
trademark permission;

4. Use of variations on our name for Mozilla-based software.  We would 
generally not grant permission for this.  If software is Mozilla, then 
we generally would like it to be known as Mozilla, not some variation 
thereof.  If software is not Mozilla, then we don't want it known as 
Mozilla or some variation thereof.  Nonetheless, we would try and be 
flexible for reasonable requests by members of the Mozilla community.
Example: Mozillaoncd.com sells a product called Moz 1.4.  If that 
product is the same as Mozilla 1.4, we do not want them to name it Moz 
1.4 since that will confuse people.  They can call the product some 
other name though, if they want, or they can call it Mozilla 1.4 (our 
preference);

    Example: MozillaPL created by the Polish localization team.  If this
    product is Mozilla, then we'd prefer that it be known simply as
    Mozilla, Polish edition.  If the product is different from standard
    Mozilla, because it includes plugins etc, we may allow them to call
    the product MozSomething.  We'd probably not authorize MozillaPL or
    MozPL because this is too similar to MPL, the name of our license;


6. Use of the word Mozilla or related names (such as Moz) for company 
names, project names and web site domain names.  We would generally not 
allow the use of Mozilla in company of domain names for for-profit 
ventures.  On occasion, we may allow the use of Moz for a for-profit 
company name or web site domain name.  The use of the word Mozilla or 
variations, would be allowed in case where users are not likely to be 
confused and we deem such use to be in furtherance of the Mozilla 
Foundation's mission. 

    Example: The domain name mozillaoncd.com would have to be changed.
    If this vendor became a "friend of Mozilla" by, for instance,
    donating a portion of its proceeds to the Mozilla Foundation, we may
    allow them to use mozoncd.com as their domain name. 


    Example: We would allow community efforts, such as projects on
    Mozdev and localization projects to include the name Mozilla or Moz
    in the project name or web site address as long as such use doesn't
    create some specific problem for us.  So mozdev.org,
    mozillanews.org, mozillazine.org etc would receive permission;


7. Clearly infringing uses.  We would of course try and stop clear 
infringements such as the name of the Stopzilla utility for IE, which 
clearly creates consumer confusion;

8.  Modifying our logos to identify our software. Any modification of 
our logo, including changes in color schemes, decorating trex, wrapping 
the logo around 3d objects etc, would be scrutinized closely and likely 
be rejected.  Partial uses of our logo would be refused.  Mixing of our 
logos with home-made imitations would not be allowed.  We want people to 
identify our software by using our logos.

9.  Use of our logos as part of web sites etc.  Use of Mozilla logos for 
anything other than to identify Mozilla software by any party not 
affiliated with Mozilla would not be permitted.  Localization projects 
may receive permission to use our logos, based on a variety of factors.  
This means that, while we may not like the ugly lizards that decorate 
many of the community Mozilla sites, we can't really offer them an 
official Mozilla logo.  Maybe we can create some nice looking lizards 
that people could use though. 

    Example: We might ask Mozdev to change their banner at some point in
    the future. 

   

10.  We will never license the use of the name *Zilla.  Our settlement 
agreement with Toho specifically mentions this (but we can continue to 
use existing *Zilla names such as bugzilla and chatzilla). 

11.  Enforcement.  We would invite staff and community members to tell 
us about non-licensed uses of our marks.
    Step 1: Friendly e-mail message;
    Step 2: More insistent e-mail messages by someone more senior in the 
organization;
    Step 3: Cease and desist letter;
    Step 4: Possible legal action. 

12.  Criteria to be used in reviewing grey-zone requests:

    * Does the proposed use help us make Mozilla success?
    * Does the proposed use generate revenues for us?
    * How are the marks proposed to be used?
    * What naming conventions are proposed to be used?
    * How are our technologies used?



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Hi everyone,<br>
<br>
Based on all the feedback I've received, I've created a draft
trademarks policy.&nbsp; Comments are welcome.<br>
<br>
Bart<b><br>
<br>
<br>
<br>
Introduction</b><br>
<br>
The objectives: (1) to promote the broad adoption of Mozilla
technologies and products by making the Mozilla brand ubiquitous, (2)
to support our community, including localizers and other projects, by
allowing them to indicate that they are part of the &#8220;Mozilla movement&#8221;
in some way, (3) to protect our trademarks so that we&#8217;ll be able to
enforce them and to ensure that customers can trust the Mozilla name.<br>
<br>
All of the provisions below are about the use of the Mozilla name and
logos for promoting or describing software, not redistribution of the
software itself.<br>
<br>
Note that this proposal is a lot more liberal than for instance Red
Hat, which doesn't allow CD vendors to market their product as Red Hat
Linux, even if the software is unmodified.&nbsp; I think that makes sense
since we are a non-profit effort and are eager to achieve broad
adoption.<br>
<br>
<b>&nbsp;I. Stated Policy</b><br>
<br>
[This is not the wording that would appear on our web site, but a
description of what we want to say]<br>
<br>
1- If you are redistributing unmodified versions or the most current
final releases of our software, you may use the Mozilla name and logos
to identify the software without further approval.&nbsp; This includes CD
and online distribution.&nbsp; You can advertise that you&#8217;re shipping or
selling Mozilla and use our logos to identify our software.&nbsp; Unmodified
means: without any changes (no changes to the start page, or bookmarks,
for instance).<br>
Example:&nbsp; The Mozillaoncd.com people are entitled to market the product
they sell as Mozilla 1.4 if it is in fact identical to the product that
is available from our FTP site (see below for their use of Mozilla in
their domain name);<br>
<br>
2- Approval is not required for certain "fair uses" of the Mozilla
marks, such as screenshots of our software in magazine articles or
reviews of our software.&nbsp; Screenshots of our software in reviews of
non-Mozilla web sites and other non-promotional activities probably
also don't require permission;<br>
<br>
3- All other uses of the Mozilla marks require prior written permission.<br>
<br>
<b>II. Guidelines on whether to grant permission to use Mozilla marks<br>
</b><br>
[These guidelines would be used by the &#8220;trademarks committee&#8221;, which
would consist of Kerz, Dawn and Bart.&nbsp; The committee would make most
decisions, but consult with marketing-private and/or Mitchell as
needed.&nbsp; Mitchell would be kept informed, especially in the early
stages of implementation.]<br>
<br>
1.&nbsp; Distributing Mozilla software with configuration-related
modifications, including things like: changing the start page and
bookmarks, changing themes, adding extensions, pre-installing the
software on CDs or computers, and translating or localizing the
software, and making minor bug fixes.&nbsp; Permission will almost always be
granted to call the product Mozilla and use our logos to identify the
product.&nbsp; We&#8217;ll require that bug fixes be provided back to us, that the
licensee make a reasonable effort to market the most recent final
version of our software and there will be a quality assurance
provision.&nbsp; <br>
Examples: Red Hat would ask us for permission once, then they&#8217;d get a
license.&nbsp; Lindows may have been in breach when they shipped outdated
versions of Mozilla;<br>
<br>
2.&nbsp; Distributing Mozilla software that has substantive changes.&nbsp; This
could include, for instance, making a &#8220;Mozilla distribution&#8221; that has
been polished for a certain target audience, includes commercial
plugins etc.&nbsp; We would evaluate on a case by case basis whether this
software could use the Mozilla marks, or identify itself as &#8220;Based on
Mozilla&#8221; or &#8220;Includes Mozilla&#8221;. Factors for consideration: (1) consumer
confusion.&nbsp; Will the consumer be getting a product that&#8217;s different
from what they expect to get when they boot up &#8220;Mozilla&#8221;; (2) naming
and other mark conventions.&nbsp; Does the branding of the product make such
confusion more or less likely; (3) does this use further the goals of
the Mozilla Foundation by either promoting adoption or supporting the
Mozilla Foundation in some other way.&nbsp; <br>
Examples: If the MozillaPL project wants to create a version of Mozilla
that is fully localized but includes a number of plugins with it, we
would consider their request and decide based on all the factors.&nbsp; One
possible outcome might be that we ask them to mark it &#8220;includes
Mozilla&#8221; and not use the name MozillaPL for this product;<br>
&nbsp;<br>
3.&nbsp; Withdrawing permission to use the Mozilla marks with software
distribution. Permission can be withdrawn, if, after receiving notice,
a distributor fails to make best efforts to address our concerns about
shipping a recent product and ensuring that the product is of high
quality.&nbsp; So if you're shipping old versions of software and we put you
on notice, you have to fix that or lose trademark permission.&nbsp; If
you've made some minor changes or localization work that degrades the
quality of the product, and we put you on notice, you have to fix that
or lose trademark permission;<br>
<br>
4. Use of variations on our name for Mozilla-based software.&nbsp; We would
generally not grant permission for this.&nbsp; If software is Mozilla, then
we generally would like it to be known as Mozilla, not some variation
thereof.&nbsp; If software is not Mozilla, then we don&#8217;t want it known as
Mozilla or some variation thereof.&nbsp; Nonetheless, we would try and be
flexible for reasonable requests by members of the Mozilla community. <br>
Example: Mozillaoncd.com sells a product called Moz 1.4.&nbsp; If that
product is the same as Mozilla 1.4, we do not want them to name it Moz
1.4 since that will confuse people.&nbsp; They can call the product some
other name though, if they want, or they can call it Mozilla 1.4 (our
preference);<br>
<br>
<blockquote>Example: MozillaPL created by the Polish localization
team.&nbsp; If this product is Mozilla, then we&#8217;d prefer that it be known
simply as Mozilla, Polish edition.&nbsp; If the product is different from
standard Mozilla, because it includes plugins etc, we may allow them to
call the product MozSomething.&nbsp; We&#8217;d probably not authorize MozillaPL
or MozPL because this is too similar to MPL, the name of our license;<br>
</blockquote>
<br>
6. Use of the word Mozilla or related names (such as Moz) for company
names, project names and web site domain names.&nbsp; We would generally not
allow the use of Mozilla in company of domain names for for-profit
ventures.&nbsp; On occasion, we may allow the use of Moz for a for-profit
company name or web site domain name.&nbsp; The use of the word Mozilla or
variations, would be allowed in case where users are not likely to be
confused and we deem such use to be in furtherance of the Mozilla
Foundation&#8217;s mission.&nbsp; <br>
<blockquote>Example: The domain name mozillaoncd.com would have to be
changed. If this vendor became a &#8220;friend of Mozilla&#8221; by, for instance,
donating a portion of its proceeds to the Mozilla Foundation, we may
allow them to use mozoncd.com as their domain name.&nbsp; <br>
</blockquote>
<br>
<blockquote>Example: We would allow community efforts, such as projects
on Mozdev and localization projects to include the name Mozilla or Moz
in the project name or web site address as long as such use doesn't
create some specific problem for us.&nbsp; So mozdev.org, mozillanews.org,
mozillazine.org etc would receive permission;<br>
</blockquote>
<br>
7. Clearly infringing uses.&nbsp; We would of course try and stop clear
infringements such as the name of the Stopzilla utility for IE, which
clearly creates consumer confusion;<br>
<br>
8.&nbsp; Modifying our logos to identify our software. Any modification of
our logo, including changes in color schemes, decorating trex, wrapping
the logo around 3d objects etc, would be scrutinized closely and likely
be rejected.&nbsp; Partial uses of our logo would be refused.&nbsp; Mixing of our
logos with home-made imitations would not be allowed.&nbsp; We want people
to identify our software by using our logos.<br>
<br>
9.&nbsp; Use of our logos as part of web sites etc.&nbsp; Use of Mozilla logos
for anything other than to identify Mozilla software by any party not
affiliated with Mozilla would not be permitted.&nbsp; Localization projects
may receive permission to use our logos, based on a variety of
factors.&nbsp; This means that, while we may not like the ugly lizards that
decorate many of the community Mozilla sites, we can&#8217;t really offer
them an official Mozilla logo.&nbsp; Maybe we can create some nice looking
lizards that people could use though.&nbsp; <br>
<blockquote>Example: We might ask Mozdev to change their banner at some
point in the future.&nbsp; <br>
</blockquote>
&nbsp;&nbsp;&nbsp; <br>
<br>
10.&nbsp; We will never license the use of the name *Zilla.&nbsp; Our settlement
agreement with Toho specifically mentions this (but we can continue to
use existing *Zilla names such as bugzilla and chatzilla).&nbsp; <br>
<br>
11.&nbsp; Enforcement.&nbsp; We would invite staff and community members to tell
us about non-licensed uses of our marks. <br>
&nbsp;&nbsp;&nbsp; Step 1: Friendly e-mail message;<br>
&nbsp;&nbsp;&nbsp; Step 2: More insistent e-mail messages by someone more senior in
the organization;<br>
&nbsp;&nbsp;&nbsp; Step 3: Cease and desist letter;<br>
&nbsp;&nbsp;&nbsp; Step 4: Possible legal action.&nbsp; <br>
<br>
12.&nbsp; Criteria to be used in reviewing grey-zone requests: <br>
<ul>
  <li>Does the proposed use help us make Mozilla success?</li>
  <li>Does the proposed use generate revenues for us?</li>
  <li>How are the marks proposed to be used?</li>
  <li>What naming conventions are proposed to be used?</li>
  <li>How are our technologies used?</li>
</ul>
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