10,579
edits
Changes
no edit summary
A Trademark case study is an practical example of a way someone might want to use the '''sugar labs''' trademark. We use it as a way to test different trademark policy options - how would it cope with that case?
A Trademark case study is an practical example of a way someone might want to use the '''Sugar Labs''' trademark. We use it as a way to test different trademark policy options—how would it cope with that case?
A good case study is one which describes a real use which will stimulate us to think about how we would like our trademark to be used. It doesn't have to be a borderline 'edge' case. It is probably best to start with the clear cut cases then consider the limits later.
A good case study is one which describes a real use which will stimulate us to think about how we would like our trademark to be used. It doesn't have to be a borderline 'edge' case. It is probably best to start with the clear cut cases then consider the limits later.
* Look at the case studies below.
* Look at the case studies below.
* If you can see a way to make one of those case studies better then edit that case study.
* If you can see a way to make one of those case studies better then edit that case study.
* If you think of a way that someone might want to use the '''sugar labs''' trademark - that doesn't duplicate one of the case studies already here - then add that case study at the end of the page or wherever it best fits.
* If you think of a way that someone might want to use the '''Sugar Labs''' trademark—that doesn't duplicate one of the case studies already here—then add that case study at the end of the page or wherever it best fits.
* Follow the format of the other case studies here unless you think of a better format.
* Follow the format of the other case studies here unless you think of a better format.
=== Used to label a computer with Sugar installed ===
You are a Chinese toy manufacturer and you are tired of selling toys to Fisher Price for 99 cents then watching them resell the same toy for $99. You have developed a cool looking child friendly green computer that is probably not toxic and can run Sugar but no one will buy it because no one has ever heard of you.
You want to put a big picture of the Sugar home screen and a '''CONTAINS SUGAR''' decal on the box because then it will look a bit like the XO.
You want to put a big picture of the sugar home screen and a '''CONTAINS SUGAR''' decal on the box because then it will look a bit like the XO.
==== Should we approve this use of our trademark? ====
==== Should we approve this use of our trademark? ====
Do it like Microsoft - you can only put the '''CONTAINS SUGAR''' decal on the front if the computer meets our minimum specification. If it doesn't meet that specification then you can put '''contains sugar operating system (R)''' in small print in the specification box on the back.
Do it like Microsoft—you can only put the '''CONTAINS SUGAR''' decal on the front if the computer meets our minimum specification. If it doesn't meet that specification then you can put '''contains Sugar operating system (R)''' in small print in the specification box on the back.
(Sean) No, neither of these - the company should apply for a license for our label program. We will need to verify that there actually is Sugar running. License should be for one year with updated rider from applicant for renewal. I don't think however we should charge for licensing, including by commercial entities.
(Sean) No, neither of these—the company should apply for a license for our label program. We will need to verify that there actually is Sugar running. License should be for one year with updated rider from applicant for renewal. I don't think however we should charge for licensing, including by commercial entities.
==== How should the policy work to achieve this ====
==== How should the policy work to achieve this ====
(Sean) I agree standard contract should be published and available. However, I am not sure we will want to offer identical conditions to all applicants, in particular OEMs.
(Sean) I agree standard contract should be published and available. However, I am not sure we will want to offer identical conditions to all applicants, in particular OEMs.
=== Sugar on a stick ===
=== Sugar on a Stick ===
You want to sell bootable usb drives with the official sugar on a stick distribution and you want ''sugar labs'' silkscreened on the outside of each one.
You want to sell bootable usb drives with the official Sugar-on-a-Stick distribution and you want ''Sugar Labs'' silkscreened on the outside of each one.
==== Should we approve this use of our trademark? ====
==== Should we approve this use of our trademark? ====
Is approval automatic or do we insist you tell us your real name and your address first. Do we demand that you report back how many copies you sold and to who?
Is approval automatic or do we insist you tell us your real name and your address first. Do we demand that you report back how many copies you sold and to who?
(Sean) approval can't be automatic for several reasons I have outlined previously, but in particular because of periodicity, renewal, and revocation if conditions not respected (e.g. the stick turns out to have proprietary software on it instead of the official SL build). Another reason is support - we need to avoid scenario of sales which imply SL community support without our even knowing about it.
(Sean) approval can't be automatic for several reasons I have outlined previously, but in particular because of periodicity, renewal, and revocation if conditions not respected (e.g. the stick turns out to have proprietary software on it instead of the official SL build). Another reason is support—we need to avoid scenario of sales which imply SL community support without our even knowing about it.
=== Sugar on a stick with extra stuff ===
=== Sugar on a Stick with extra stuff ===
You want to sell bootable usb drives with sugar on a stick plus extra software (some of it non-free) .
You want to sell bootable usb drives with Sugar on a Stick plus extra software (some of it non-free) .
==== Should we approve this use of our trademark? ====
==== Should we approve this use of our trademark? ====
Yes—provided it is clear which is our software and which is by others.
(Sean) This can't be Sugar on a Stick, but it is a fine candidate for the labelling program.
(Sean) This can't be Sugar on a Stick, but it is a fine candidate for the labelling program.
==== What should the policy be? ====
==== What should the policy be? ====
You can call it sugar if it is sugar but you you must not put our name on stuff we didn't make.
You can call it Sugar if it is Sugar but you you must not put our name on stuff we didn't make.
(Sean) The above is ambiguous, unfortunately. However, the labelling program should cover this case.
(Sean) The above is ambiguous, unfortunately. However, the labelling program should cover this case.
=== Sugar on a stick with modified stuff ===
=== Sugar on a Stick with modified stuff ===
You want to sell bootable usb drives with a version of sugar on a stick that has been revised to make it more culturally appropriate by adding references to your god at the start and end of each activity.
You want to sell bootable usb drives with a version of Sugar on a Stick that has been revised to make it more culturally appropriate by adding references to your god at the start and end of each activity.
==== Should we approve this use of our trademark? ====
==== Should we approve this use of our trademark? ====
==== What should the policy be? ====
==== What should the policy be? ====
If you have adapted our work then we don't know for sure what you changed and we don't want people blaming us for what you did. You can put "Based on the sugar software system (R)" in the small print on the back. If you want your changes included in our version then submit those changes to us for consideration and we might include them in the next version.
If you have adapted our work then we don't know for sure what you changed and we don't want people blaming us for what you did. You can put "Based on the Sugar software system (R)" in the small print on the back. If you want your changes included in our version then submit those changes to us for consideration and we might include them in the next version.
(Sean) "Based on the Sugar software system" is not a phrase we should use; the labelling program will enumerate acceptable phrases. One of the conditions of licensing through the labelling program will be clear responsibility for technical support.
(Sean) "Based on the Sugar software system" is not a phrase we should use; the labelling program will enumerate acceptable phrases. One of the conditions of licensing through the labelling program will be clear responsibility for technical support.
Hmmm. Maybe we should have picked a name which was less generic.
Hmmm. Maybe we should have picked a name which was less generic.
(Sean) heh - a topic for (re)discussion in marketing meetings! More seriously, a trademark is granted for a specific scope of activity; the cane and beet sugar associations don't "do" computer software last I checked. On the other hand, if they use VAG Rounded Light and our color scheme (in other words, if they copy our logo), throw the book at 'em.
(Sean) heh—a topic for (re)discussion in marketing meetings! More seriously, a trademark is granted for a specific scope of activity; the cane and beet sugar associations don't "do" computer software last I checked. On the other hand, if they use VAG Rounded Light and our color scheme (in other words, if they copy our logo), throw the book at 'em.
==== What should the policy be? ====
==== What should the policy be? ====
==== Should we approve this use of our trademark? ====
==== Should we approve this use of our trademark? ====
The look and feel is a pretty fundamental part of the software which we have licensed under the GPL. Stopping them using that would pretty much stop them using sugar at all. Wouldn't that be against the GPL? Would we even want to regulate that use?
The look and feel is a pretty fundamental part of the software which we have licensed under the GPL. Stopping them using that would pretty much stop them using Sugar at all. Wouldn't that be against the GPL? Would we even want to regulate that use?
(Sean) But you just said it wasn't Sugar, but proprietary hedge fund software. So no, they can't use the XO man. And by the way, neither can we - OLPC has asked us not to.
(Sean) But you just said it wasn't Sugar, but proprietary hedge fund software. So no, they can't use the XO man. And by the way, neither can we—OLPC has asked us not to.
==== What should the policy be? ====
==== What should the policy be? ====
==== Should we approve this use of our trademark? ====
==== Should we approve this use of our trademark? ====
(Sean) No, because that will be too similar to Sugar on a Stick and will cause confusion (the essence of trademark is to avoid confusion). This is precisely why licensing cannot be "automatic". A different name will have to be chosen.
(Sean) No, because that will be too similar to Sugar-on-a-Stick and will cause confusion (the essence of trademark is to avoid confusion). This is precisely why licensing cannot be "automatic". A different name will have to be chosen.
==== What should the policy be? ====
==== What should the policy be? ====
=== sugar on a bootable USB stick as part of a Educational Suite ===
=== Sugar on a bootable USB stick as part of a Educational Suite ===
Is inclusion of sugar (sugar-emulator) in a suite of educational software where the icon says "Sugar" on the desktop or in the menus an allowed use?
Is inclusion of Sugar (sugar-emulator) in a suite of educational software where the icon says "Sugar" on the desktop or in the menus an allowed use?
If same is accessed via gdm or other desktop switcher with "sugar" label?
If same is accessed via gdm or other desktop switcher with "Sugar" label?
How should such a stick be labeled and advertised?
How should such a stick be labeled and advertised?