User:Pchestek/TMGuidelinesDraft

DISCUSSION DRAFT

This page contains the official guidelines (the "Trademark Guidelines") for use of the Fedora Trademarks.

This page describes how third parties may use the Fedora Trademarks; it does not describe what the Fedora Project Board ("Board") itself may designate as authentic Fedora-branded goods or services. Red Hat enlists the assistance of the Board to both to establish the quality of goods and services that carry the Fedora Trademarks and to oversee the Trademark Guidelines to ensure compliance by the community. The Board, in consultation with Red Hat, may grant permission for uses not described below.

Except as provided in these guidelines, you may not use the Fedora Trademarks or any confusingly similar mark as a trademark for your product or services, or use the Fedora Trademarks in any other manner that might cause confusion in the marketplace, including but not limited to in advertising, on auction sites, or on software or hardware. Red Hat protects the Fedora Trademarks on behalf of the entire Fedora community. Indeed, the law obligates trademark owners to police their marks and prevent the use of confusingly similar names by third parties.

These guidelines are not intended to limit your "fair use" of the Fedora Trademarks, i.e., the referential use of the trademarks in references to the goods or services with which these marks are used by Fedora.

The Trademarks
The "Fedora Trademarks" are the word "Fedora" in plain text or stylized form, the Infinity design logo, the word "FUDCon" in plain text or stylized form, the words "Four Foundations" in plain text or stylized form, the "Four Foundations" design logo and its variations, and the words "Fedora Remix" in plain text or stylized form. They are trademarks of Red Hat, Inc.

Primary Marks
The word "Fedora," in plain text or stylized form, and the Infinity design logo are the "Primary Marks."

Secondary Mark
The words "Fedora Remix," in plain text or stylized form, is the "Secondary Mark." The Secondary Mark provides downstream distributors a means to indicate their work includes or is derived from Fedora software, and thereby drive more interest in the Fedora Project itself.

Guidelines for use of the Secondary Mark are described below in the sections where its use is permitted or appropriate. Guidelines for presentation of the Secondary Mark are located at this page. (Correct reference to the Logo/Usage Guidelines? Pam) (Assuming all the info on the old page is correct on Logo/UsageGuidelines, we should blank the old page and redirect it --Ian Weller 14:56, 11 January 2012 (UTC))

Use of the word "Fedora" alone in connection with the Secondary Mark may only be used to clearly indicate that the new work uses some software obtained from the Fedora Project but may not suggest that the new work has been approved by or authorized by the Fedora Project. The notice may not contain phrases such as: The new work must be referred to only as a "Fedora Remix." Other uses that do not properly indicate the new work contains modified Fedora software or non-Fedora software are also not permitted.
 * "built from Fedora"
 * "powered by Fedora"
 * "contains Fedora"

Using the Secondary Mark also requires a statement in print or in another prominent location stating that end users are receiving modified Fedora software, and informing them where they can get unmodified Fedora software.

FUDcon Mark
The word "FUDCon," in plain text or stylized form, is the "FUDCon Mark." The FUDCon Mark is only used in association with the Fedora Users and Developers Conference and may be used only by FUDCon organizers who have been accepted to run a FUDCon through the FUDCon bid process. These Trademark Guidelines do not describe permitted uses of the FUDCon Mark. FUDCon organizers should contact logo@fedoraproject.org for questions about appropriate use of the FUDCon Mark.

Four Foundations Marks
The words "Four Foundations," in plain text or stylized form, as well as each individual "leaf" component of the Four Foundations design mark in their various versions, are the "Four Foundations Marks." The Four Foundations Marks are used to show support for and agreement with the Fedora Project and its values and ideals.

Guidelines for use of the Four Foundations Marks are described below in the sections where its use is permitted or appropriate. Guidelines for presentation of the Four Foundations Mark are located at this page.

The Four Foundations Marks may only be used in materials whose primary purpose is the promotion of the Fedora Project and to promote the Fedora Project core values. Any materials in which the Four Foundations Marks are used must satisfy this purpose and must also include the Primary Marks and meet all the requirements described for the use of the Primary Marks.

Fedora Media
The Fedora Project distributes software in formats which are designed to be reproduced on physical media by the recipient. Hereinafter, Fedora software provided by the Fedora Project in such formats and unmodified reproductions thereof in any form are collectively referred to as "Fedora Media." Examples of Fedora Media include but are not limited to:
 * installation CDs and DVDs,
 * live bootable CDs, DVDs, and USB devices, and
 * any copies of those media in a format suitable for data interchange.
 * a Board-approved Fedora Spin in a format described above

Trademark requirements for all use cases
In all cases, whether your use is permitted under the conditions described in Section 4, "Use of the Fedora Trademarks," or you are seeking special permission from the Board, use of the Fedora Trademarks is only permitted provided that:


 * the use is only in connection with promoting the Fedora Project or Fedora products
 * the use is not disparaging to Red Hat, the Fedora Project or their products
 * the use is appropriate for the mark used, for example, "Fedora Remix" is used only for remix products and "Fedora" alone is not used for remix products
 * Proper trademark symbols are used in connection with the Fedora Trademarks and the trademark attribution statement must appear as explained in Proper Trademark Use
 * other than in plain text form, the Fedora Trademarks may only be used as described in the official logo usage guidelines

If your use case is not described below, you do not have permission to use Fedora Trademarks. If you would like to ask for permission, contact the Board.

Copies of unmodified Fedora Media
In the past, some have inquired whether it is permissible to use the Primary Marks to label media made from exact copies of the CD and DVD images distributed by the Fedora Project and its mirrors. The guidelines relating to such usage are set forth in this section.

It is permissible to use the Primary Marks without additional permission to label Fedora Media, provided proper trademark symbols are used in connection with the Primary Marks and the trademark attribution statement appears as explained in Proper Trademark Use.

The Fedora Project provides labels in formats suitable for use in labeling Fedora Media, and recommends their use.

Fedora Spins: New combinations of software from Fedora repositories, with or without additional Non-Software Content
You may use the Primary Marks on new combinations of software from Fedora repositories, with or without additional documents or media files ("Non-Software Content"), provided that:


 * use of the Fedora Trademarks is approved by the Board. The Board will ask for a description of the software from the Fedora repositories to be included and to see the proposed designs of labelling, marketing and collateral material before approving the use;
 * the additional Non-Software Content does not substantially modify the content, configuration, or operation of the Fedora software without additional user intervention;
 * the additional Non-Software Content is labeled and distributed in a way that clearly indicates it is not part of the Fedora software provided on the media, and is not affiliated with, provided by, or supported by the Fedora Project;
 * it is clear who is responsible for the additional Non-Software Content.

You may also consider distributing the new combination under the Secondary Mark instead.

Fedora Remix: Combinations of Fedora software with non-Fedora or modified Fedora software
In the past, some have inquired whether it is permissible to use any identifiable Fedora branding to label media that contains modified Fedora software, or combinations of Fedora software with non-Fedora software. This is the category where use of the Secondary Mark is appropriate. Guidelines relating to such usage of the Secondary Mark are set forth in this section.

You may use the Secondary Mark on and in conjunction with media that commingles unmodified Fedora software with non-Fedora or modified Fedora software, or that provides modified Fedora software, provided that:


 * the fedora-logos, fedora-release, and fedora-release-notes RPM packages are removed, although you may replace these with packages of your own devising not containing Fedora Trademarks;
 * a notice is prominently displayed either on the physical media or, if the media is provided through electronic means, at the point of dissemination, indicating that:
 * the software provided is not provided or supported by the Fedora Project; and
 * official Fedora software is available through the Fedora Project website, and linking to the Fedora Project website at http://fedoraproject.org/.

If your use falls into this category, but you would like to use the Primary Marks, contact the Board.

OEM pre-loads of approved combinations of Fedora software
In the past, some have inquired whether it is permissible to use the Primary Marks to label or advertise computer systems pre-loaded with Fedora software. The guidelines relating to such usage are set forth in this section.

It is permissible to use the Primary Marks without additional permission in connection with the provision and sale of computer systems pre-loaded with approved combinations of Fedora software, provided that:


 * the computer system is pre-loaded or pre-installed with Fedora Media;
 * the use does not imply sponsorship or endorsement of the user by Red Hat or the Fedora Project or of any non-Fedora goods or services;
 * it is clear to the consumer of the computer system that there is no support available from the Fedora community other than that which is offered to all users;
 * any non-Fedora software is not pre-installed on the physical media on which the Fedora operating system is pre-loaded, but instead provided on separate physical media. If the non-Fedora software is pre-loaded, refer to  OEM pre-loads of combinations of Fedora software with non-Fedora or modified Fedora software.

If you wish to pre-load any combination of Fedora software other than an already-approved Fedora Spin, you must have the combination approved by the Board. For general guidelines, see Fedora Spins: New combinations of software from Fedora repositories, with or without additional Non-Software Content.

OEM pre-loads of combinations of Fedora software with non-Fedora or modified Fedora software
In the past, some have inquired whether it is permissible to use any identifiable Fedora branding to label or advertise computer systems pre-loaded with combinations of Fedora software with non-Fedora software, or with modified Fedora software. The guidelines relating to such usage are set forth in this section.

It is permissible to use the Secondary Mark without additional permission in connection with the provision and sale of computer systems pre-loaded with a combination of Fedora software and non-Fedora or modified Fedora software, provided that:


 * the fedora-logos, fedora-release, and fedora-release-notes RPM packages are removed, although you may replace these with packages of your own devising not containing the Fedora trademarks;
 * a notice is prominently displayed either on or alongside the physical media, indicating that:
 * the software provided is not provided or supported by the Fedora Project, and
 * official Fedora software is available through the Fedora Project website, and linking to the Fedora Project website at http://fedoraproject.org/

If your use falls into this category, but you would like to use the Primary Marks, contact the Board.

Virtual images or appliances with unmodified Fedora software
In the past, some have inquired whether it is permissible to use the Primary Marks to label or advertise virtual images or appliance distributions pre-loaded with Fedora software. The guidelines relating to such usage are set forth in this section.

It is permissible to use the Primary Marks without additional permission to label or advertise virtual images or appliance distributions pre-loaded with approved combinations of Fedora software, provided that:


 * the virtual image or appliance distribution is composed entirely of Fedora Media with the following exception:
 * any required or customary modifications to Fedora software that allow the virtual image or appliance distribution to operate in its intended environment are permitted as long as additional code used for any modifications is made available under one of the licenses listed at Good Licenses;
 * the use does not imply sponsorship or endorsement of the user by Red Hat or the Fedora Project or of any non-Fedora goods or services;
 * it is clear to the consumer of the virtual image or appliance that there is no support available from the Fedora community other than that which is offered to all users;

If you wish to use the Primary Marks with a virtual image or appliance with any combination of Fedora software other than an already-approved Fedora Spin with the exception above, you must have the combination approved by the Board. For general guidelines, see Fedora Spins: New combinations of software from Fedora repositories, with or without additional Non-Software Content.

Virtual images or appliances with combinations of Fedora software with non-Fedora or modified Fedora software
In the past, some have inquired whether it is permissible to use the Fedora Trademarks to label or advertise virtual images or appliance distributions pre-loaded with combinations of Fedora software with non-Fedora software, or with Fedora software modified beyond the exception in the previous section. The guidelines relating to such usage are set forth in this section.

It is permissible to use the Secondary Mark without prior permission in connection with the provision and sale of virtual images and appliance distributions pre-loaded with a combination of Fedora software and non-Fedora or modified Fedora software, provided that:


 * the fedora-logos, fedora-release, and fedora-release-notes RPM packages are removed, although you may replace these with packages of your own devising not containing the Fedora trademarks;


 * a notice is prominently displayed adjacent to the image file or with the appliance, indicating that:
 * the software provided is not provided or supported by the Fedora Project, and
 * official Fedora software is available through the Fedora Project website, and linking to the Fedora Project website at http://fedoraproject.org/

If your use falls into this category, but you would like to use the Primary Marks, contact the Board.

Application themes, skins, and personas
In the past, some have inquired whether it is permissible to show support for Fedora by placing the Primary Marks or Four Foundations Marks in a theme, persona, or skin intended to alter the appearance of an application. The guidelines relating to such usage are set forth in this section.

These guidelines do not apply to the appearance of a web site, which is covered elsewhere in this document.

It is permissible to use the Primary Marks and Four Foundations Marks in themes, personas, or skins for applications to show your support for the Fedora Project, provided that:


 * the use of the Primary Marks and Four Foundations Marks does not conflict with the license or terms of use of the application being altered;
 * the use is non-commercial in nature; and,
 * the use does not imply sponsorship or endorsement by Red Hat or the Fedora Project.

If you wish to use any existing Fedora designs other than the Primary Marks and Four Foundations Marks for your work, please observe the licensing requirements for those materials. If you have questions about these requirements for any particular design, contact the Fedora Design Team.

Non-Fedora operating systems combined with Fedora on the same media or image
In the past, some have inquired whether it is permissible to combine non-Fedora operating systems with Fedora software on the same media or image. Examples include:


 * dual-sided media with Fedora on one side and any other non-Fedora operating system on the other
 * multiple-boot media or images which include Fedora along with non-Fedora operating systems

The combination of non-Fedora operating systems with Fedora software requires Board approval. The Board will ask for a description of the combination and to see the proposed designs of labeling, marketing and collateral material, before approving the use.

Noncommercial and community web sites
In the past, some have inquired whether it is permissible to show support for Fedora by:
 * placing the Primary Marks or the Four Foundations Marks on a personal web site or blog to support Fedora
 * making a page on a social networking web service to support Fedora
 * linking to Fedora from a wiki to provide information or show support for Fedora

The guidelines relating to such usage are set forth in this section.

It is permissible to use the Primary Marks and the Four Foundations Marks on websites to show your support for the Fedora Project, provided that:
 * where possible, the Fedora Trademarks, including any design logo, hyperlink to the Fedora Project website, http://fedoraproject.org/, or if that is not possible, the site includes a prominent link to the Fedora Project website at http://fedoraproject.org/.
 * the site indicates clearly that it is not affiliated with or endorsed by the Fedora Project; in addition, where possible:
 * the site must include the text "This site is not affiliated with or endorsed by the Fedora Project" prominently on any page that includes Fedora Trademarks; and
 * if the Primary Marks or Four Foundations Marks appear in a page header or any area that is designed to be presented on more than one page, the notice must also be designed to be presented on all of those pages as well (i.e., if the Fedora Trademarks appear in a site-wide header, the informational text must appear in that header or an identically site-wide footer.);
 * the site does not use visual styling that could be confusing to viewers or visitors as to whether the site is hosted by or on behalf of the Fedora Project.

Business web sites
In the past, some have inquired whether it is permissible to show support for Fedora by: The guidelines relating to such usage are set forth in this section.
 * offering Fedora Media for sale at a retail business or web site
 * displaying a link to the Fedora Project using the Primary Marks from a business web site
 * displaying the Primary Marks as part of a business that provides services for clients using Fedora

It is permissible to use the Primary Marks on business web sites, provided that: Provided these guidelines are observed, it is permissible to use the Primary Marks to sell Fedora Media, and to advertise services for Fedora-based systems (installation, configuration, troubleshooting, etc.)
 * the web site has non-Fedora primary branding;
 * the design logo hyperlinks to the Fedora Project website, http://fedoraproject.org/;
 * the use does not imply sponsorship or endorsement of the user by Red Hat or the Fedora Project or of any non-Fedora goods or services;
 * the use of the Primary Marks does not imply an association with or endorsement of any non-Fedora goods or services;
 * the site does not use visual styling that could be confusing to viewers or visitors as to whether the site is hosted by or on behalf of the Fedora Project;

Business cards
In the past, community members have inquired whether it is permissible to use the Primary Marks on business cards identifying the community member as a Fedora Ambassador. The guidelines relating to such usage are set forth in this section.

It is permissible to use the Primary Marks without prior permission on business cards to identify one's affiliation with the Fedora Project provided that the Fedora Ambassador Business card template located at this URL is used. This is the only business card use permitted; community members may not use any Fedora Trademarks or refer to the Fedora Project on any other business cards. Use of business contact information on the template is also frowned upon.

Promotional events
In the past, community members have inquired whether it is permissible to use the Primary Marks and the Four Foundations Marks to promote free and open source software events such as a Linux installfest or community free software trade show. The guidelines relating to such usage are set forth in this section.

It is permissible to use the Primary Marks and the Four Foundations Marks without additional permission to promote free and open source software events where individuals that participate in the Fedora Project appear as Fedora Ambassadors, distribute Fedora Media, or otherwise represent the Fedora Project, provided the general guidelines above are followed. If you would like to make some non-software promotional goods to give away at the event and don't already have a license to do so, see Non-software promotional goods.

Publications
It is permissible to use the Fedora word mark in the title and content of a publication, provided that:


 * the use is clearly in reference to the Fedora Project or its software;
 * the use is not as the leading word of the title;
 * The statement "(Title) is an independent (publication) and is not affiliated with, authorized by, sponsored by, or otherwise approved by the the Fedora Project or Red Hat, Inc.” is prominently on the cover and title page of the publication
 * the use does not imply sponsorship or endorsement by Red Hat or the Fedora Project;
 * Proper trademark symbols are used in connection with the Fedora Trademarks and the trademark attribution statement must appear as explained in Proper Trademark Use.

Cover-mount media
Cover-mount media that includes Fedora software requires Board approval. The Board will ask for a description of the contents of the media and to see the proposed designs of labeling, marketing and collateral material, before approving the use.

Domain names
In the past, community members have inquired whether it is permissible to use the Fedora Trademarks, including the words "Fedora" or "FUDCon," in an Internet domain name.

The Fedora Project has established the fedoracommunity.org domain so that local community sites can form without cost or excessive effort to that community. Details about the process and benefits of a fedoracommunity.org domain are located on the Local community domains wiki page.

For any other use of the Fedora Trademarks in a domain name, please read the Local community domains page and contact the Board.

Non-Software Promotional Goods
In the past, community members have inquired whether it is permissible to use Fedora Trademarks on Non-Software Promotional goods such as T-shirts, stickers, and pens.

Ambassador Giveaways
Fedora Ambassadors who wish to produce and distribute Non-Software Promotional Goods which incorporate the Fedora Trademarks may do so, as long as the following requirements are met: No special approval is required for Fedora Ambassadors to produce and distribute Non-Software Promotional Goods that meet the above criteria. If a Fedora Ambassador wishes to produce Non-Software Promotion Goods of a New Type or a New Design, they must first receive approval for the New Type or Design from Fedora Legal. For details on how to request approval, see User:Spot/New_Type_Or_Design_Approval_Process.
 * The Non-Software Promotional Goods must not be sold for a profit. (Asking for donations to cover costs is okay, although, this is discouraged, as generally, funding is available for Ambassadors to produce Non-Software Promotional Goods)
 * The Goods must be of a Pre-Approved Type (currently that is shirt, sweatshirt, hat, sticker, temporary tattoo, button, balloon, banner, poster, cup, portable storage units (e.g. usb keys) or pen/pencil). Items printed on "normal" sized paper are not considered Non-Software Promotional Goods in this context, and are acceptable as long as any Trademark and/or Logo use is in compliance with the Fedora Trademark and/or Logo Guidelines.
 * The Goods must use a Fedora Approved Design (as found on the Fedora Approved Designs page) . Fedora Approved Designs are designs which have been reviewed by Fedora Legal for compliance with the Fedora Logo Guidelines.
 * The Goods must be produced by a Vendor who is listed as a "Good Vendor" on the "Fedora Non-Software Vendors" wiki page . Vendors marked as "Bad Vendors" must not be used. New Vendors must be added by the Ambassador to the "Good Vendor" list, and can be then be immediately used. Ambassadors are expected to move Vendors into the "Bad Vendor" list if/when they receive poor quality goods or have extreme difficulties dealing with the Vendor.

Goods other than Ambassador Giveaways
For uses other than the Ambassador Giveaways described above, community members may request from the Board permission to use the Fedora trademarks on non-software goods, which will be considered on a case-by-case basis.

Uses not described above
Have a use that is not described above but that you would like approved? Contact Fedora legal at legal@fedoraproject.org

Unapproved Use
The following uses of the Fedora Trademarks are not approved under any foreseeable circumstances.
 * Uses that violate the Logo/Usage Guidelines or these Trademark Guidelines;
 * Any use outside these guidelines not by explicit written permission.

Except as set forth herein, the trademark owner retains and reserves all rights to the Fedora Trademarks and their use, including the right to modify these guidelines.

These guidelines may be amended from time to time at the discretion of the Board.

Proper Trademark Use
One of the purposes of the Fedora® Project is to make a cutting-edge version of Linux® widely available in consistent format that the public can come to trust. To achieve this purpose it is important that the technology can quickly be identified and that the recipient knows the technology they are receiving is the official and unmodified version. Red Hat has chosen the Fedora® mark to identify this effort and is granting usage rights in the Fedora Trademarks as previously described in this document in order to assure widespread availability.

Logo Usage Guidelines
For more information about the requirements for logo size, appearance, placement, and other considerations for the Fedora Trademarks, refer to the Logo/Usage Guidelines and the   Secondary Trademark Usage Guidelines. (Can we consolidate these two pages? I think they might be already. Pam) (See my note above --Ian Weller 15:37, 11 January 2012 (UTC))

Other Information
Red Hat, Inc. ("Red Hat") does not permit use of its registered trademarks without permission. If you are aware of any such use, please contact us at legal@fedoraproject.org.