Bart Decrem marketing-public at mozilla.org
Sat, 18 Oct 2003 14:37:29 -0700

Patrick Lee wrote:

>I know we talked about these guys a while back, but I just took another
>look at their site (www.mozillaoncd.com) and things have changed.  For
>starters, the price has rocketed to $24.99.  This includes Moz 1.4 and
>(for a "limited time") FB 0.6 and Moz 1.5a.  What a smokin' deal.  They
>also have a link to the mozilla.org site, but it just goes to a page
>listing hundreds of contributors and has no links back to the
>mozilla.org home page.  Of course, if it did, people might discover
>they can get a newer CD for $3.95 or just download anything they want
>for free.  We certainly wouldn't want THAT to happen now, would we?
>Finally, and this concerns me the most, they assert that:
>"A portion of the profits will go to fund the direct software
>development by individual contributors on the Mozilla project for
>future releases."
>Hmmm, judging by their shrewd choice of a useless token link to
>mozilla.org, I'm guessing they'll donate, oh, five cents per CD.  No,
>that's probably too much.
>And finally, you gotta love the American flags, "Experience Freedom"
>tagline, and the scrolling marquee (made with real <marquee> tags, no
>less).  I know that only the most uninformed people on Earth would buy
>from this site, but I still feel we should keep an eye on them and
>anyone else doing this.  At the very least, they could spread some
>misconceptions.  After all, they never mention that Mozilla is open
>source software.
>I don't know.  Maybe I'm overreacting.  Thoughts? 

To deal with this issue, among others, I have put together a trademark 
policy, a draft of which has been circulated on this list, if I recall.  
In short:
- People who distribute unmodified, current versions of Mozilla will be 
allowed to call the product Mozilla and use the Mozilla logos to 
identify the software
- Pretty much everything else requires permission.

Here's how this affects mozillaoncd.com:
- If they were shipping Mozilla 1.5 unmodified, they could call their 
product Mozilla 1.5.  They could not call it "Moz 1.5".  If they modify 
the product, they have to come up with a new name for it but could say 
something like "based on Mozilla" or "includes Mozilla technologies".  
As it turns out, they're not shipping Mozilla 1.5, but let's give them a 
few days to update their site and software.  If they continue to ship 
Mozilla 1.4, then they wouldn't be able to use any of our marks to refer 
to that software;
- There's no way we'll allow them to use the domain name mozillaoncd.com 
since that creates customer confusion with store.mozilla.org.  *IF* they 
were friends of Mozilla (eg. contributed *something* - money, bug fixes, 
whatever) they we might give them permission to use the word Moz in 
their domain name. 

I've sent a friendly mail to these folks about this a week or two ago 
but haven't heard from them.  The new web site includes a trademark 
policy.  http://website-beta.mozilla.org/foundation/licensing.html.  
After the new site replaces the current site, we'll wait a few weeks so 
people have a chance to review the trademark policy, then we'll start 
enforcement.  Mozillaoncd.com is near the top of my list of people 
who'll need to come into compliance. 


>Patrick Lee
>"Mozilla is the best web browser of 2003." - PC World
>Download Mozilla (http://www.mozilla.org)
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