Draft trademark policy #22

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@ellisonbg
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@Carreau
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Carreau commented Nov 8, 2016 edited

+1

trademarkpolicy.md
+We encourage usage of the Jupyter trademark (logo and word mark) on stickers, hats, mugs, t-shirts and other physical merchandise to promote the project and the broader open-source ecosystem. No explicit
+approval is needed for these usages as long as 1) the usage follows the official Jupyter Brand Guidelines and 2) the merchandise is
+provided free of charge. We understand that not everyone (including ourselves) can afford to give away merchandise in sufficient
+quantities to meet demand. Because of this we wold love help from the community in creating an official place to purchase Jupyter branded
@rgbkrk
rgbkrk approved these changes Nov 9, 2016 View changes
trademarkpolicy.md
+# Trademark Usage Policy
+
+The following is a draft of the Jupyter Trademark Usage Policy. We are actively working on this document. Sections that are completed
+should be considered to be a accepted and active.
@rgbkrk
rgbkrk Nov 9, 2016 Member

...to be accepted...

trademarkpolicy.md
+## Usage of the Jupyter tradmark on merchandise
+
+We encourage usage of the Jupyter trademark (logo and word mark) on stickers, hats, mugs, t-shirts and other physical merchandise to promote the project and the broader open-source ecosystem. No explicit
+approval is needed for these usages as long as 1) the usage follows the official Jupyter Brand Guidelines and 2) the merchandise is
@rgbkrk
rgbkrk Nov 9, 2016 Member

s/usages/uses/

@rgbkrk
rgbkrk approved these changes Nov 13, 2016 View changes
@minrk
Member
minrk commented Nov 13, 2016

Updated to incorporate content from the PSF Trademark Policy

@minrk minrk changed the title from Create trademarkpolicy.md to Draft trademark policy Nov 16, 2016
@minrk
Member
minrk commented Dec 22, 2016

@ellisonbg what do we need to do to merge this?

@ellisonbg
Contributor
@damianavila

LGTM, 👍

@rgbkrk
rgbkrk approved these changes Dec 22, 2016 View changes
@fperez
Member
fperez commented Dec 23, 2016

This looks great, thanks!!

trademarks.md
+
+- to refer to any other events, software, or services
+- in a way that is misleading or may imply association of third-party events, software, or services with Project Jupyter
+- in ways that confuse the community as to whether the Project Jupyter is open source and free to use
@fperez
fperez Dec 23, 2016 Member

... whether the software created by Project Jupyter is ... ("software" missing, and we should be specific here since the terms about open source apply only to code, not events).

trademarks.md
+We understand that not everyone (including ourselves) can afford to give away merchandise in sufficient quantities to meet demand.
+Because of this we would love help from the community in creating an official place to purchase Jupyter branded
+merchandise with the profits going back to the project through NumFOCUS.
+If you are interested in helping out with this please get in touch with us on the Jupyter Google Group.
trademarks.md
+
+0. The Jupyter trademarks are not currently registered.
+(We will post an update to this policy if they are registered later.)
+These marks should be used in accordance with the Jupyter [brand guidelines][],
@fperez
fperez Dec 23, 2016 Member

Just flagging missing link before merge.

trademarks.md
+We encourage the use of the symbol whenever possible, but recognize that many non-commercial and informal uses will omit it.
+
+0. If the word "Jupyter" or the Jupyter logos are used in certain contexts, the following statement should accompany its use: "Jupyter" and the Jupyter logos are trademarks or registered trademarks of NumFOCUS, used by ___________ with permission from the Foundation.
+
@fperez
fperez Dec 23, 2016 Member

I would remove "from the Foundation", either altogether or replace it with "NumFOCUS". The wording is from the original Python doc where the sentence reads fine, but here the word "Foundation" kind of dangles. Since this would be meant to be used later and out of context, I think we should change it.

trademarks.md
+- Use of the word "Jupyter" in another trademark -- Not allowed without prior written permission from Jupyter, except as described above.
+- Use of the word "Jupyter" in a domain name -- Allowed in subdomains and url-paths,
+ such as "jupyter.example.com" and "example.com/jupyter".
+ Not allowed in base domains, such as "jupytercloud.com" or "hostedjupyter.horse".
@fperez
fperez Dec 23, 2016 Member

love the 🐴 :)

trademarks.md
+
+
+[brand guidelines]: https://github.com/jupyter/design/tree/master/brandguide
+[Jupyter Trademarks Committee]: mailto:jupyter-trademarks@googlegroups.com
@fperez
fperez Dec 23, 2016 Member

Probably at the end, though it could also be at the beginning, there should be an acknowledgment to the original PSF doc.

@fperez
Member
fperez commented Dec 23, 2016

All my comments are pretty small, otherwise this is solid and we should move forward once those small fixes are made.

Many thanks for getting this out the door!!

@willingc willingc self-requested a review Dec 23, 2016
@willingc
Member

LGTM. Thanks!

@Carreau

Should we keep a list of explicit permission we gave next to this document ? Do you want to precise for domain that redirection is not allowed either, and whether explicit permission can be requested (or not)

trademarks.md
+
+Derivative word marks referring to Jupyter projects or events, such as "JupyterDays," "JupyterLab," "JupyterHub," "Jupyter Notebook" are also covered by this policy.
+
+All trademarks, even those that apply to open source software, must be used according to certain legal requirements. If these requirements are not met, the trademark may be endangered or lost. One of these requirements is for the trademark owner (in this case, NumFOCUS) to maintain standards for using its trademarks, and to enforce acceptable use of the trademarks by taking action against parties that violate those standards.
@Carreau
Carreau Dec 23, 2016 Member

If you have another pass, can you be consistent in the wrapping ? Either wrap all, or wrap none.

@minrk
minrk Jan 2, 2017 Member

Due to mixture of copy-paste from PSF, plus newly written content. Should be consistent now.

trademarks.md
+ That is what we mean when we say that an unpoliced trademark may be endangered or lost.
+ When the trademark no longer represents a certain level of quality to the community,
+ or no longer indicates that we are the source of the products that bear the trademark,
+ the trademark loses its value.
@Carreau
Carreau Dec 23, 2016 Member

Spacing consistency, you seem to have started all lines here with space (probably to have space after dot, except the first dot.

@minrk
Member
minrk commented Jan 2, 2017

Thanks for the reviews! I think I've addressed the comments.

trademarks.md
+ Allowed when referring to use with or suitability for Jupyter.
+ For commercial products, contact the Jupyter Trademark Committee for permission.
+- Use of the word "Jupyter" in company names --
+ Allowed only by prior written permission from Jupyter.
@Carreau
Carreau Jan 4, 2017 Member

written permission from Jupyter the Trademark Committee

@minrk
minrk Jan 5, 2017 Member

thanks, done.

@Carreau
Carreau approved these changes Jan 4, 2017 View changes
@williamstein

Do you guys still care about the name "IPython"? There are so many rules here, that it makes me want to use "jupyter" nowhere, and just switch back to IPython.

@ellisonbg
Contributor
@williamstein
williamstein commented Jan 5, 2017 edited

However, maybe more important is this question: what things would you like
to do with the "Jupyter" name/logo that this policy won't allow?

We made some random flyers and stickers for the Sage booth at the Joint Mathematics Meetings. Looking over your policy, I feel like we probably inadvertently violate it 7 ways 'till Sunday. The last thing I want to deal with in the future is a lengthy (and probably "no"?) permissions process, when we're often very pressed for time trying to make flyers/stickers/etc. listing the functionality of SageMathCloud.

What about use of (say) "Jupiter", i.e., an intentional misspelling to avoid these headaches?

Maybe we should just never mention Jupyter in our materials...

@ellisonbg
Contributor
@minrk
Member
minrk commented Jan 5, 2017

Maybe we should add an even-shorter tl;dr to the top, summarizing the "Never Require Approval" block? I took a stab at this in the latest revision, so the first thing you see is an informal summary that "Using the trademarks to refer to Jupyter is always okay".

@williamstein do you feel the same way about the Python logo and Python name? This is based on the equivalent PSF doc, and we aimed to be at least as permissive as the original, so pretty much anything you've been able to do with the word "Python" or the Python logo, you should be able to do with Jupyter under this doc. I would imagine that your flyers and stickers are AOK. I don't suppose you still have some example flyers around, so we can use them as case studies / positive examples of what is allowed/encouraged?

The last thing I want to deal with in the future is a lengthy (and probably "no"?) permissions process, when we're often very pressed for time trying to make flyers/stickers/etc. listing the functionality of SageMathCloud.

I agree 100%. Much of the point of this document is to try to clarify that these are allowed without needing to contact anyone for approval, so that we don't get people like you stuck in those situations anymore. I hope the new intro paragraph I added helps with this, but if you have other recommendations to make it clearer, I would appreciate it.

@williamstein

I don't suppose you still have some example flyers around, so we can use them as case studies / positive examples of what is allowed/encouraged?

When I get to our booth today, I'll post a picture here of our materials that have the word "Jupyter" on them. Then you can use them as a concrete example.

There is a sticker that has the word "Jupyter" on it that we made through Stickermule. They automatically expose stickers you make through a "store", so you can see that sticker here:

https://www.stickermule.com/marketplace/16341-sagemathcloud-wide

We don't make any money off sales (if there were any ever) of these stickers. Does this sticker fall under "Uses that Never Require Approval"?

@ellisonbg
Contributor
@ellisonbg
Contributor
@minrk
Member
minrk commented Jan 5, 2017 edited

Yeah, the key is that it is always okay, and requires no approval, to use the trademarks to refer to Jupyter in any context. So that sticker is definitely covered by "never requires approval".

I think the merch block could use some clarification, as this sentence:

Offering Jupyter branded merchandise for sale without explicit approval is not permitted.

doesn't clearly define "Jupyter branded merchandise", which could be interpreted as "anything with the word Jupyter on it", which we don't intend.

The merch block is meant to be about granting people explicit permission to make Jupyter merch, as long as they give it away. I can add another explicit reference to the never requires approval block, making it clear that "referring to Jupyter with the Jupyter marks on your own merch is always okay, as covered by the ...".

@ellisonbg
Contributor
@minrk
Member
minrk commented Jan 6, 2017

I added the note that referring to Jupyter on merch is covered by the "never requires approval" bit

trademarks.md
@@ -99,6 +99,9 @@ please contact the [Jupyter Trademarks Committee][].
### Use of the Jupyter trademark on merchandise
+Using the Jupyter trademarks *to refer to* Jupyter on merchandise for your own products using the Jupyter trademarks is covered by the
@willingc
willingc Jan 6, 2017 Member

...on your own product's merchandise is covered by...

@minrk
minrk Jan 6, 2017 Member

Thanks, done.

@willingc

Thanks Min.

@fperez
Member
fperez commented Jan 6, 2017

@minrk, do you want to take a stab at a tl;dr? I think it would indeed help, so folks really see that we're being as liberal as possible within the bounds of trademark law...

@minrk
Member
minrk commented Jan 8, 2017

@fperez oops, forgot to comment. I did add a description at the top of the doc. What do you think?

trademarks.md
+We are actively working on this document.
+Sections that are completed should be considered to be accepted and active.**
+
+The goal of this document is to clarify what is allowed when using the Jupyter trademarks,
@willingc
willingc Jan 8, 2017 Member

@minrk Perhaps:

This document's goal is to clarify allowed uses of the Jupyter trademarks. We wish to implement a very permissive policy that legally protects the trademarks while also encouraging the community to liberally use the trademarks. This policy will attempt to clarify which uses are explicity allowed without the need for approval:

@minrk
minrk Jan 9, 2017 Member

thanks!

@willingc

Looks good @mirnk

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