[Marketing-Public]draft trademarks policy

bart decrem marketing-public at mozilla.org
Thu, 09 Oct 2003 15:42:00 -0700


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Hi Duane,

Duane Fahey wrote:

> Bart,
> This is very good.  But, with item II, section 1, you and others are 
> going to have some kind of request for approval system?  Will this be 
> a lot of applications?  I don't know, but it might tend to be a lot of 
> work.  I guess I was thinking that this process might be similar to 
> using a company logo, like using Adobe Acrobat logo for PDF files.  
> People who use the logo need to adhere to rules, but there is not an 
> actual application and approval process.

I don't see how we can get around this issue when it comes to people who 
make changes to Mozilla and still want to call the modified product 
Mozilla and use our logo with it.  Adobe doesn't allow people to modify 
Adobe Acrobat, much less call the modified product Adobe Acrobat. 

BUT I think we should have a logo program that signifies that a piece of 
software includes Mozilla technologies - kind of like the Intel Inside 
program.  And that should be simple to obtain - so no approval 
process.    "Based on Mozilla" or "Built using Mozilla technologies" - 
something like that. 

>
> If you do decide to approve each of these, then it would be a golden 
> opportunity to create a list of Mozilla based products, to post a 
> directory on the web site.  You might want to include whatever 
> information that should be included for the directory, in the application.

Yes.

Bart

>
> - Duane
>
> Bart Decrem wrote:
>
>> 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?
>>
>>
>
>-- 
>Duane Fahey
>Visual Automation, Inc.
>http://www.VisualAutomation.com
>517.622.1850  517.622.1761 fax
>--
>Secure Desktop | iLock | ColdKey | iLockNess | ePortal.com
>

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Hi Duane,<br>
<br>
Duane Fahey wrote:<br>
<blockquote type="cite" cite="mid3F859792.6070305@visualautomation.com">
  <meta content="text/html;" http-equiv="Content-Type">
  <title></title>
Bart,<br>
This is very good.&nbsp; But, with item II, section 1, you and others are
going to have some kind of request for approval system?&nbsp; Will this be a
lot of applications?&nbsp; I don't know, but it might tend to be a lot of
work.&nbsp; I guess I was thinking that this process might be similar to
using a company logo, like using Adobe Acrobat logo for PDF files.&nbsp;
People who use the logo need to adhere to rules, but there is not an
actual application and approval process.<br>
</blockquote>
I don't see how we can get around this issue when it comes to people
who make changes to Mozilla and still want to call the modified product
Mozilla and use our logo with it.&nbsp; Adobe doesn't allow people to modify
Adobe Acrobat, much less call the modified product Adobe Acrobat.&nbsp; <br>
<br>
BUT I think we should have a logo program that signifies that a piece
of software includes Mozilla technologies - kind of like the Intel
Inside program.&nbsp; And that should be simple to obtain - so no approval
process.&nbsp;&nbsp;&nbsp; "Based on Mozilla" or "Built using Mozilla technologies" -
something like that.&nbsp; <br>
<br>
<blockquote type="cite" cite="mid3F859792.6070305@visualautomation.com"><br>
If you do decide to approve each of these, then it would be a golden
opportunity to create a list of Mozilla based products, to post a
directory on the web site.&nbsp; You might want to include whatever
information that should be included for the directory, in the
application.<br>
</blockquote>
Yes.<br>
<br>
Bart<br>
<br>
<blockquote type="cite" cite="mid3F859792.6070305@visualautomation.com"><br>
- Duane<br>
  <br>
Bart Decrem wrote:<br>
  <blockquote cite="mid3F7E8A6B.2010201@decrem.com" type="cite">
    <meta content="text/html;" http-equiv="Content-Type">
    <title></title>
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>
    <br>
  </blockquote>
  <br>
  <pre cols="72" class="moz-signature">-- 
Duane Fahey
Visual Automation, Inc.
<a href="http://www.VisualAutomation.com" class="moz-txt-link-freetext">http://www.VisualAutomation.com</a>
517.622.1850  517.622.1761 fax
--
Secure Desktop | iLock | ColdKey | iLockNess | ePortal.com</pre>
</blockquote>
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