On 30/10/2012, at 3:52 AM, Shane Curcuru <a...@shanecurcuru.org> wrote:
> (Note the mixed distribution of public/private mailing lists) > > Fundamentally, the ASF needs sufficient rights to use any donated logos/names > as trademarks of the ASF for the actual software product (and, to a degree, > the owning Apache project). In this case, if Apache CloudStack wants to > start using a monkey (or whatever) as an official project logo, then we need > to ensure that whoever is donating the logo is also intending to donate the > trademark rights to the ASF (which holds all trademarks on behalf of it's > projects). Note that trademarks are one of the few things that the Apache > License excludes, so a normal iCLA is not always sufficient for branding > questions. This is an important distinction, which wasn't clear in the original discussion topic. Is the intent to "adopt the monkey" as a kind of mascot that can be used more liberally (in the same way as "Duke" - http://www.oracle.com/us/technologies/java/duke-424174.html), or as part of the project's logo & trademark? I had thought it was the latter. - Brett > > - Is this a new logo, or has it already been used publicly to stand for some > software product or service out there? > > If it's new, a simple but clear email along with a checkin comment from the > original author is sufficient. If it's an existing logo that the public > already associates with someone else's products, then we need the current > product owner to make the trademark donation clear. > > - Who created the logo? An individual on their own, or someone employed by a > $bigco where their IP may be owned by their employer? > > If it's an individual the PMC knows, an email from them should be sufficient. > If it's a $bigco that potentially owns it, we should ensure some officer of > the company confirms they are intending to donate it along with the > individual artist. > > Make sense? Branding and trademark rights are different from copyrights and > most iCLA/Apache license questions. However if we have clear statements from > the donor that they also intend to give us the trademark rights, we should be > all set. > > - Shane, laughing over the subject. Does the monkey have a name yet? > > On 10/29/2012 10:40 AM, Noah Slater wrote: >> IP clearance is for anything that was developed outside of the >> foundation, even if it was developed by people with ICLAs on file. >> >> I am looking for Shane's guidance on this. >> >> On 29 October 2012 13:21, Chip Childers <chip.child...@sungard.com >> <mailto:chip.child...@sungard.com>> wrote: >> >> On Mon, Oct 29, 2012 at 8:52 AM, Noah Slater <nsla...@apache.org >> <mailto:nsla...@apache.org>> wrote: >> > It's been three days and it looks like we have unanimous consensus. >> > >> > The next steps are to do IP clearence. I am happy to work with >> someone from >> > Citrix on this. We'll need to establish what rights Citrix holds, >> and then >> > transfer these to the ASF. At that point, we can import the >> source files, >> > and start using it. >> >> You might not need IP clearance, since Sony is a commiter on the >> project (and has an ICLA on file). I think the question isn't the >> provenance of the logo design, it's to determine if there are any >> conflicting marks already established by others. >> >> > As for use of the mascot on t-shirts, etc, that is largely up to the >> > PMC's discretion. When the time comes, it wouldn't hurt to >> confirm things >> > with Shane (our VP of Brand Management) but I have seen him say >> before that >> > each project is allowed to decide how their own marks are used. >> > >> > On 29 October 2012 12:27, Joe Brockmeier <j...@zonker.net >> <mailto:j...@zonker.net>> wrote: >> > >> >> On Mon, Oct 29, 2012, at 05:40 AM, Rohit Yadav wrote: >> >> > Hi, >> >> > >> >> > Can we put high resolution mascot svg, png etc. somewhere on >> >> > incubator.apache.org/cloudstack >> <http://incubator.apache.org/cloudstack> so people we can download >> and use them >> >> > (under CC or suitable license) for their t-shirts, keynotes >> and whatnot. >> >> >> >> If we decide to adopt the monkey (which is looking likely) and >> we find >> >> that it doesn't have any trademark issues that would prevent our >> using >> >> it, then I'll ask Sonny to provide all the original artwork so >> we can >> >> use it. >> >> >> >> However - IIRC Apache has rules around using project trademarks for >> >> t-shirts, and such. You might want to look at those before doing >> >> t-shirts, etc. >> >> >> >> Best, >> >> >> >> Joe >> >> -- >> >> Joe Brockmeier >> >> j...@zonker.net <mailto:j...@zonker.net> >> >> Twitter: @jzb >> >> http://www.dissociatedpress.net/ >> >> >> > >> > >> > >> > -- >> > NS >> >> >> >> >> -- >> NS > -- Brett Porter br...@apache.org http://brettporter.wordpress.com/ http://au.linkedin.com/in/brettporter http://twitter.com/brettporter
