Trademark

NOTE: This trademark policy is still a draft, subject to legal review by the Software Freedom Conservancy (SFC). The final text has been approved by the Oversight Board as of May 7, 2010, and we are running it by the Legal folks at the SFC for final approval. Upon approval by the SFC, the trademark policy will stand as written below.

Our goal is to make Sugar a recognized and trusted name in learning. A well-conceived trademark policy is instrumental in achieving this goal: it makes clear trademark-usage arrangements with partners and other FOSS projects. We want your participation. Please contact us if you have any questions about our policy.

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SUGAR LABS TRADEMARK POLICY

Purpose

The purpose of this policy is to ensure that the identity, provenance, and free and open-source nature of Sugar Labs^® remain clear to the public. This is in keeping with our objective to spread the use of the Sugar Learning Platform while protecting our trademarks. It is our intention to be liberal and responsive in the enforcement of our trademarks: we want our Marks to be widely used to represent our learning mission to the public, but we also need to ensure clarity regarding the relationship between Sugar Labs and the individual or organization using our Marks in order to both protect Sugar Labs and the public.

As part of our marketing effort to make Sugar better known, we have developed a label program with the objective of simplifying and streamlining permission to use Sugar Labs marks by projects and businesses. We encourage you to contact us at trademark at sugarlabs.org if you have any questions about this policy or the label program. Throughout this document, the word "Marks" refers to the Sugar Labs name and logo, individually or together. Note that Section 2.5 "Other Marks Used by Sugar Labs" provides guidelines for other marks used by Sugar Labs. Sugar Labs is a member project of the Software Freedom Conservancy, which is the holder of the registered mark.

Guidelines for using the Marks

Registered trademark symbol on first mention

The first or most prominent mention of the name should be immediately followed by a symbol for registered trademark: "®" or "(r)". For example: "Sugar Labs^®".

This requirement is waived in all contexts where such marks are not normally included: email, on-line discussion, non-graphical advertisements (when permitted), and academic papers. We encourage the use of the symbol whenever possible, but recognize that many non-commercial and informal uses will omit it.

Permissions required for usage

Using the marks without prior written permission

You may use the Sugar Labs Marks without prior written permission (subject to the other sections):

1. For example, to refer to the Sugar Labs software in substantially unmodified form. "Substantially unmodified" means built from the source code provided by the Sugar Labs project, possibly with minor modifications including but not limited to: the enabling or disabling of certain features by default, translations into other languages, changes required for compatibility with a particular operating system distribution, or the inclusion of bug-fix patches). All such minor modifications must be released under an approved license.
2. Or to identify Sugar Labs software as a distinct component of a software offering. Please note however that we prefer that Sugar be described as a "learning environment", not a "desktop", and its programs as "Activities", not "applications".

Using the marks with prior written permission

You may use the Sugar Labs Marks with prior written permission for the following purposes (subject to the other sections):

1. If you are producing a new product which is based on Sugar Labs software but which has more substantial changes than those described in the previous section (2.2.1 "Using the Marks Without Prior Written Permission"), we encourage you to participate in our label program, designed to help educators recognize your project as a good choice for learning.

Please refer to our License Request procedure for details regarding obtaining a license to use the Sugar Marks.

Referring to Sugar Labs

You do not need written permission to factually refer to the Sugar Labs project itself, its products, or its protocols.

Using the Marks as part of a product name

You may use the Sugar Labs Marks as part of the name of a product designed to work with Sugar Labs, so long as the name as a whole (via its other components) clearly and unambiguously distinguishes the product from Sugar Labs software itself, and the general presentation of the product does not imply any official association or identity with Sugar Labs. Because it would be awkward to attach a trademark symbol to a portion of a larger name whose other portions might themselves be trademarked, the requirement to display the symbol is waived for this circumstance.

Prohibited usages of the Marks

You may not use the Marks in the following ways:

Ways likely to cause confusion

In any way likely to cause confusion as to the identity of the Sugar Labs project, the provenance of its software, or the software's license (the Sugar Labs marks should be secondary in prominence to the primary context of use in advertising and promotional materials, including graphics on websites, etc.);

Ways that indicate a greater degree of association than actually exists

In any way that indicates a greater degree of association between you and the Sugar Labs project than actually exists;

Ways that imply a designated successor

In any way that implies a designated successor to Sugar Labs (e.g., "Sugar Labs++" is not permitted).

Ways that imply favoritism

In a way that indicates that Sugar Labs favors one distribution, platform, product, etc. over another.

Other marks used by Sugar Labs

Sugar Labs also uses the following other marks:

Sugar on a Stick

The "Sugar on a Stick" name and mark is registered and is associated with a specific Sugar Labs liveUSB project. You may produce and distribute Sugar Labs software on a USB key or other device, but you are required choose a different name to avoid confusion. You are free to use "Sugar on a Stick" to refer to the specific Sugar Labs distribution.

Sugar Labs Partner

"Sugar Labs Partner" should only be used to refer to a person or entity that is officially affiliated with the Sugar Labs project. Sugar Labs is happy to designate partners, so please contact us if you are interested in becoming a Sugar Labs Partner.

Sugar Learning Platform

"Sugar Learning Platform" should be used to refer to the software created by Sugar Labs and should be used under the same guidelines as per Sections 2.2 "Permissions Required for Usage" and 2.3 "Using the Marks as Part of a Product Name" of this policy.

Sugar

We sometimes use this term as a shortened way to refer to software and other things created by Sugar Labs. Please use this policy as guidance for use of these terms as well and contact us if you are uncertain.

Local Sugar Lab

We have affiliated local and regional Sugar Labs that are referred to Sugar Labs <Region Name>, e.g., Sugar Labs Colombia. Sugar Labs is happy to designate local lab partners, so please contact us if you are interested in establishing a local Sugar Lab.

Merchandise using the Marks

You may create and sell merchandise using the Sugar Labs name and logo without additional permission provided that you use only unmodified graphics from the logo page on the Sugar Labs website. Please contact us if you would like to sell any other merchandise containing Sugar Labs Marks. This section is subject to the provisions contained in Sections Sections 2.2 "Permissions Required for Usage" and 2.3 "Using the Marks as Part of a Product Name" of this policy.

Rights reserved by the SFC

The Software Freedom Conservancy reserves the sole right to:

Determining compliance

Determine compliance with this policy;

Modifications of this policy

Modify this policy in ways consistent with its mission of protecting the public;

Grant exceptions to this policy

Grant exceptions to this policy, of any kind and for any reason whatsoever, other clauses notwithstanding.

Contact information

If you have questions about using the Marks, or if you think you should be able to use the Marks for any purpose not allowed by this policy and would like permission for that use, or for more information concerning our label program, please contact Sugar Labs by emailing trademark AT sugarlabs.org or by writing to Sugar Labs c/o Software Freedom Conservancy, 1995 BROADWAY FL 17, NEW YORK NY 10023-5882 USA.

Usage examples

Usage examples can be found on the Guidelines page.

Approved licenses

We have adopted http://opensource.org/docs/osd as a set of approved software and content licenses and http://fedoraproject.org/wiki/Licensing#Good_Licenses's opinions on specific licenses where applicable. If you have a question about a license not listed on these pages, please contact the Software Freedom Conservancy so that they can review it.