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Legal request - Change domain name to drop Docker #89

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cjpalermo opened this Issue Jul 23, 2015 · 10 comments

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cjpalermo commented Jul 23, 2015

Please change the domain name "dockercli.com" to something that does not include Docker as the first term. Docker is a registered trademark of Docker, Inc. of San Francisco, California, which does not permit others to use the trademark in a domain name as the first term. We make this requirement to protect the public from confusion about whether the domain is sponsored, licensed, or associated with Docker, Inc. We regret that the difficult state of US trademark law requires us to pursue uses of this type. Best wishes for success.

Christopher J. Palermo
Hickman Palermo Becker Bingham LLP
San Jose, California
Attorneys for Docker, Inc.
Contact e-mail: trademarks (at) h35g.com

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j-bennet Jul 23, 2015

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I was not aware of this. I'll come up with something different.

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j-bennet commented Jul 23, 2015

I was not aware of this. I'll come up with something different.

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cjpalermo Jul 23, 2015

We appreciate your cooperation.

Chris

[HPBB_logo_for_email_sig]

Christopher J. Palermo, Partner
Hickman Palermo Becker Bingham LLP
1 Almaden Boulevard – Floor 12
San Jose, CA 95113 USA
T 001.408.414.1202 | F 001.408.414.1076
www.hickmanpalermo.comhttp://www.hickmanpalermo.com

From: Iryna Cherniavska [mailto:notifications@github.com]
Sent: Thursday, July 23, 2015 4:22 PM
To: j-bennet/dockercli
Cc: Chris Palermo
Subject: Re: [dockercli] Legal request - Change domain name to drop Docker (#89)

I was not aware of this. I'll come up with something different.


Reply to this email directly or view it on GitHubhttps://github.com/j-bennet/wharfee/issues/89#issuecomment-124264523.

cjpalermo commented Jul 23, 2015

We appreciate your cooperation.

Chris

[HPBB_logo_for_email_sig]

Christopher J. Palermo, Partner
Hickman Palermo Becker Bingham LLP
1 Almaden Boulevard – Floor 12
San Jose, CA 95113 USA
T 001.408.414.1202 | F 001.408.414.1076
www.hickmanpalermo.comhttp://www.hickmanpalermo.com

From: Iryna Cherniavska [mailto:notifications@github.com]
Sent: Thursday, July 23, 2015 4:22 PM
To: j-bennet/dockercli
Cc: Chris Palermo
Subject: Re: [dockercli] Legal request - Change domain name to drop Docker (#89)

I was not aware of this. I'll come up with something different.


Reply to this email directly or view it on GitHubhttps://github.com/j-bennet/wharfee/issues/89#issuecomment-124264523.

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j-bennet Aug 6, 2015

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Changed domain name.

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j-bennet commented Aug 6, 2015

Changed domain name.

@j-bennet j-bennet closed this Aug 6, 2015

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cjpalermo Aug 6, 2015

We appreciate this step but continued use of the name “dockercli” for the code is not acceptable. Docker offers a code product called Docker CLI. You’ll have to pick something that does not use Docker as the first term.

Christopher J. Palermo

From: Iryna Cherniavska [mailto:notifications@github.com]
Sent: Thursday, August 06, 2015 9:42 AM
To: j-bennet/dockercli dockercli@noreply.github.com
Cc: Chris Palermo cpalermo@h35g.com
Subject: Re: [dockercli] Legal request - Change domain name to drop Docker (#89)

Changed domain name.


Reply to this email directly or view it on GitHubhttps://github.com/j-bennet/wharfee/issues/89#issuecomment-128434016.

cjpalermo commented Aug 6, 2015

We appreciate this step but continued use of the name “dockercli” for the code is not acceptable. Docker offers a code product called Docker CLI. You’ll have to pick something that does not use Docker as the first term.

Christopher J. Palermo

From: Iryna Cherniavska [mailto:notifications@github.com]
Sent: Thursday, August 06, 2015 9:42 AM
To: j-bennet/dockercli dockercli@noreply.github.com
Cc: Chris Palermo cpalermo@h35g.com
Subject: Re: [dockercli] Legal request - Change domain name to drop Docker (#89)

Changed domain name.


Reply to this email directly or view it on GitHubhttps://github.com/j-bennet/wharfee/issues/89#issuecomment-128434016.

@j-bennet j-bennet reopened this Aug 7, 2015

@j-bennet j-bennet added the in progress label Aug 7, 2015

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j-bennet Aug 13, 2015

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Name changed.

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j-bennet commented Aug 13, 2015

Name changed.

@j-bennet j-bennet closed this Aug 13, 2015

@j-bennet j-bennet removed the in progress label Aug 13, 2015

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kordless Aug 31, 2015

@cjpalermo: the original request you made here was to change the domain name, not the repository name.

When @j-bennet complied, you came back with a new request to change the repository name, but didn't back it up with a reason why it should be changed. In another repository you have requested the name to be changed, citing the reason as "the law requires Docker to actively contact others who are using similar names in the software field".

To make matters even more confusing, I'll point to your correspondence with @chuckbutler which seems to indicate the use of the name was OK, but the whale logo wasn't. For reference, that repo is named "docker-charm".

Perhaps someone from Docker should go into some detail about what the rest of the ecosystem can expect from the legal department at Docker moving forward regarding naming schemes. For example, I would like to know if we are allowed to use repos named 'docker-' if the project uses Docker in an integrated way, such as @chuckbutler's repo which deploys Docker using Juju.

Further, Docker is an Open Source project which can be forked by others. I'm now wondering if I would get a takedown request if I forked Docker into my account.

Where should we open an issue to request guidance on naming schemes and said use of the Docker repositories?

kordless commented Aug 31, 2015

@cjpalermo: the original request you made here was to change the domain name, not the repository name.

When @j-bennet complied, you came back with a new request to change the repository name, but didn't back it up with a reason why it should be changed. In another repository you have requested the name to be changed, citing the reason as "the law requires Docker to actively contact others who are using similar names in the software field".

To make matters even more confusing, I'll point to your correspondence with @chuckbutler which seems to indicate the use of the name was OK, but the whale logo wasn't. For reference, that repo is named "docker-charm".

Perhaps someone from Docker should go into some detail about what the rest of the ecosystem can expect from the legal department at Docker moving forward regarding naming schemes. For example, I would like to know if we are allowed to use repos named 'docker-' if the project uses Docker in an integrated way, such as @chuckbutler's repo which deploys Docker using Juju.

Further, Docker is an Open Source project which can be forked by others. I'm now wondering if I would get a takedown request if I forked Docker into my account.

Where should we open an issue to request guidance on naming schemes and said use of the Docker repositories?

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kordless Aug 31, 2015

Little update on this. Docker has published a set of guidelines for naming things here: https://www.docker.com/trademark-guidelines.

Basically, if you create a Docker-related project on Github, the suggestions is to NOT name it anything that starts with, or contains the term "docker".

kordless commented Aug 31, 2015

Little update on this. Docker has published a set of guidelines for naming things here: https://www.docker.com/trademark-guidelines.

Basically, if you create a Docker-related project on Github, the suggestions is to NOT name it anything that starts with, or contains the term "docker".

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j-bennet Aug 31, 2015

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Nice investigative work, @kordless.

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j-bennet commented Aug 31, 2015

Nice investigative work, @kordless.

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kordless Aug 31, 2015

Thanks @j-bennet. I appreciate your work on this software!

FWIW, the important bit from their guideline page is: "The Docker mark is used only in a referential context or for naming Docker or to indicate compatibility, and not in a title of a program, domain name, website, product or service".

Given this fact and that trademark laws in the US are intentionally vague, with 'confusing' being discretional (and the guidelines outlining the discretion), I think it's fair to say that people should not use the term 'docker' in a repository name, even a fork of Docker itself.

As others have pointed out on Twitter, it's a tad confusing anyways.

kordless commented Aug 31, 2015

Thanks @j-bennet. I appreciate your work on this software!

FWIW, the important bit from their guideline page is: "The Docker mark is used only in a referential context or for naming Docker or to indicate compatibility, and not in a title of a program, domain name, website, product or service".

Given this fact and that trademark laws in the US are intentionally vague, with 'confusing' being discretional (and the guidelines outlining the discretion), I think it's fair to say that people should not use the term 'docker' in a repository name, even a fork of Docker itself.

As others have pointed out on Twitter, it's a tad confusing anyways.

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cjpalermo Aug 31, 2015

@kordless ... In general Docker objects to the use of all repo names, or product names, that begin with Docker. In some cases, because of a business relationship that exists between Docker and a code author and/or his/her organization, we depart from that policy and grant permission or a license. Or, sometimes we are given partial information and make one request, then learn more and make a renewed or different request. So, as to @chuckbutler, all I can tell you is that there are business considerations in the background that applied to his project, but not to this one. If you believe there is a good reason that you should be able to use "docker" or "Docker" in the first part of a product name or repo name, you can certainly inform me and I can see if the product marketing group in Docker agrees that it is a permissible use.

cjpalermo commented Aug 31, 2015

@kordless ... In general Docker objects to the use of all repo names, or product names, that begin with Docker. In some cases, because of a business relationship that exists between Docker and a code author and/or his/her organization, we depart from that policy and grant permission or a license. Or, sometimes we are given partial information and make one request, then learn more and make a renewed or different request. So, as to @chuckbutler, all I can tell you is that there are business considerations in the background that applied to his project, but not to this one. If you believe there is a good reason that you should be able to use "docker" or "Docker" in the first part of a product name or repo name, you can certainly inform me and I can see if the product marketing group in Docker agrees that it is a permissible use.

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