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Alternative Joomla Trademark Policy

Alternative Joomla Trademark Policy

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Published by ewierda
This is a Trademark Policy written as a suggested alternative to the current Joomla trademark policy. See http://www.joomlaloft.com/blog/129-an-alternative-joomla-trademark-policy.
This is a Trademark Policy written as a suggested alternative to the current Joomla trademark policy. See http://www.joomlaloft.com/blog/129-an-alternative-joomla-trademark-policy.

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Published by: ewierda on Jan 09, 2010
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Trademark Policy
This document is not an official Joomla!/OSM document but a suggested alternative to the official Joomla!Trademark Policy issued by Open Source Matters.
OSM will permit the use of Joomla! trademarks (or will refuse to do so) in accordance withthis policy, which may be changed from time to time, possibly with retrospective effect andwithout prior notice. The use of Joomla! trademarks is permitted if:1.it is fair use; or2.the criteria for automatic licensing have been met; or3.Joomla! trademarks are used for third party branding and a licence has beenrequested and granted; or4.it is not an infringement in the view of OSM.
1. Fair use
Fair use is a US legal concept which has an equivalent in most other jurisdictions, andeffectively allows the use of a trademark by a non-owner where free speech is concerned. Asa rule of thumb, this applies when a trademark is used to identify the organisation, productor service covered by the trademark (e.g. “Do you like Joomla?”), or to describe an aspect of a third party organisation, product or service (e.g. “This extension is made for Joomla! 1.5.”).Fair use is a matter of applicable trademark law, and therefore this trademark policy cannotand does not regulate it.
2. Automaticlicensing
 The use of Joomla! trademarks for third part branding is automatically licensed if 
none
of theRestrictive Criteria apply while at least
one
of the Name Criteria and
all
of the Use Criteriaare met.If there is any doubt as to whether and how the criteria for automatic licensing apply, theopinion of OSM will be decisive. Where 'Joomla' is mentioned in these Name Criteria, that ismeant to be regardless of case, i.e. lower case, upper case and camel case. The text of the licence granted by way of automatic licensing can be found here [LINK].
2.1.
Restrictive Criteria
Any branding that matches the following criteria is subject to licensing on request,and is in principle restricted to official use by Open Source Matters and the Joomla!Project, even if other criteria are complied with. In these cases it is in the bestinterests of the project there is no doubt that the organisation, product, service ordomain concerned is the Joomla!
project itself 
.
2.1.1. Exclamation names
Description: Any brand or domain (partly) consisting of Joomla or J plus anexclamation mark , or a word that sounds or looks like Joomla in any language plusan exclamation mark.
© 2010 Ewout Wierda. This document is not an official Joomla!/OSM document but a suggested alternativeto the official Joomla! Trademark Policy issued by Open Source Matters.
 
Examples: Joomla! Certification, Official J! Support
2.1.2. Reserved names
Description: Any brand or domain partly consisting of Joomla and for the remainderconsisting of one or more other proper words which are on a list of reserved wordspublished by OSM from time to time, whether separated by a space or not.Examples: JoomlaDay, Joomla Developer Conference, JoomlaConnect, JoomlaCommunity Magazine, JoomlaCon, JoomlaCommunityMagazine
2.1.3. Localised names
Description: Any brand or domain consisting partly of Joomla and partly of someterritorial denomination, which might give the impression of official Joomla!representation in the denominated territory.Examples: Joomla Holland, Joomla in Antarctica
2.1.4. User group names
Description: Any brand or domain reserved for Joomla! User Groups by the Joomla!User Group policy (see also licences on request).Examples: Joomla User Group Holland, Joomla Friends Holland, Joomla Users inHolland
2.2. Name Criteria
Any branding that matches the following criteria is automatically licensed by OSMwithout further formality (if acceptance also follows from all Use Criteria and noRestrictive Criteria apply).
2.2.1. Derivative names
Description: Any brand or domain predominantly consisting of a word that soundsor looks like Joomla in any language.Examples: Jumla, Joemla, Joumla
2.2.2. Referring names
Description: Any brand or domain to which the above name criteria do not apply,partly consisting of the word Joomla by way of reference and in a manner whichmakes it clear that the organisation, product, service or domain concerned is notthe Joomla! project itself.Acceptable examples: Designed for Joomla, ExtXYZ for Joomla, ABC Conference on Joomla SecurityUnacceptable examples: Designed by Joomla, Joomla Design, Joomla ExtXYZ, ABC Joomla Security Conference
2.2.3. Combined names
Description: Any brand or domain to which the above name criteria do not apply,partly consisting of Joomla and for the remainder consisting of one or more otherproper words, whether separated by a space or not.
© 2010 Ewout Wierda. This document is not an official Joomla!/OSM document but a suggested alternativeto the official Joomla! Trademark Policy issued by Open Source Matters.
 
Examples: Joomla Meeting, Joomla Daily News, JoomlaMeet, DailyJoomla
2.2.4. Joined names
Description: Any brand or domain to which the above name criteria do not apply,partly consisting of Joomla and for the remainder consisting of (part of) anotherword or name partially overlapping Joomla.Examples: Joomlateral (Joomla + lateral overlapping), Joomlambo (Joomla + part of Mambo)
2.2.5. Abbreviation names
Description: Any brand or domain to which the above name criteria do not apply,partly consisting of some of the letters forming the word Joomla in the right order(case insensitive) and or the remainder consisting of (part of) another proper orinvented word or name.Examples: jooword, joomword, jomword, joomlword, wordoom, wordoomla
2.3. Use Criteria
Any branding that matches the following criteria is licensed by OSM without furtherformality (if acceptance also follows from one of the Name Criteria and no RestrictiveCriteria apply).
2.3.1. Clarity
Description: Any branding or domain making use of Joomla! trademarks must beused in a manner and context which does not create confusion as to whether theorganisation, product, service or domain concerned is the Joomla! project itself.Where necessary clarity can be enhanced by displaying a Joomla! logo linking to joomla.org and by making a clear statement removing any such doubt, forexample: “
While this website and some extensions distributed here use the Joomla!™ name, neither this website nor the extensions distributed here areaffiliated with or endorsed by Open Source Matters or the Joomla! Project.
” Therationale is that even when the name of an organization, domain, product orservice is acceptable under the Name Criteria, confusion could be created by thecontext in which the name is used.Acceptable examples: A website with both a name and a domain acceptable underthe Name Criteria distributes unmodified Joomla installation packages. A websitewith both a name and a domain acceptable under the Name Criteria markets atraining course promoted as being given by ‘experienced Joomla trainers’.Unacceptable examples: A website with both a name and a domain acceptableunder the Name Criteria distributes a package entitled ‘Joomla 3.0 Beta’, therebywrongly creating the impression that this package is an official distribution. Awebsite with both a name and a domain acceptable under the Name Criteriamarkets a training course promoted as being given by ‘official Joomla trainers’,thereby wrongly creating the impression that the training is an official or officiallyendorsed Joomla! course.
© 2010 Ewout Wierda. This document is not an official Joomla!/OSM document but a suggested alternativeto the official Joomla! Trademark Policy issued by Open Source Matters.

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