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International trademarks can be searched online in the WIPO Global Brand Database. “open source” is trademarked in some areas, none relevant for software OSI holds a US trademark for “Open Source Initiative Approved License”, but no trademark for “open source” by itself So from a legal perspective, anyone could use this term. But from an open source ...


27

The OSI failed to secure a trademark on "open source" in 1999, and the term remains not trademarked. You may use "open source" to mean virtually anything you want, without legal ramifications, but to use it in a way that contravenes the OSI's definition may put you at significant social disadvantage with anyone who enjoys the culturally consistent ...


15

If you are the copyright holder, you are allowed to license however you wish. An example of a license you can use is the Common Public Attribution License, which contains this clause (paraphrased): […] the Original Developer may include […] a requirement that each time an Executable and Source Code or a Larger Work is launched or initially run […] a ...


10

Logos are a special case that reside in the creative domain covered by copyright, and the domain of trademarks related to identity. The logo itself, the style, colour, etc are usually a result of a creative process. This is usually what you can copyright. The logo denominating your product, company, etc, is what you can trademark. So to prevent someone from ...


9

Can I charge the customer for software? This includes selling the software as well as charging for technical support? Yes, you can sell software that is licensed under the GPL v3. Section 4 addresses distributing verbatim copies. You must keep the copyright notices and licenses and give all recipients a copy of the license. When selling the software, you ...


8

Assuming you've submitted the logo as a typical inbound=outbound contribution, you still own the copyright on the logo, but you may not forbid anyone else from from using the logo on copyright grounds, due to the permissive copyright grant you made via the MIT license. Effectively, the exclusive rights that copyright law granted to you to reproduce and ...


7

It is quite common for commercial open source projects to trademark their name, logo and corporate design. As a result, any forks can use the sourcecode, but must use a different name. This is the reason why Debian-based Linux distributions usually come with a web browser called "Iceweasel" which is essentially Mozilla Firefox. But when you don't trademark ...


7

The main problem (that also led to the development of Debian's Iceweasel) is the trademark issue, that binds the use of the name Firefox and the logo to certain requirements, that were unacceptable to Debian and GNU. For instance in the case of Debian, Mozilla demanded to upgrade the version of Firefox instead of backport bugfixes as Debian does it. These ...


7

This question is probably off-topic because it's really not about copyright, let alone open source. However, the reason why deserves an explanation. First, a quick primer: copyright and trademarks are different types of IP. Copyright protects creative works, and trademarks protect brand identities. Logos, being simple and recognisable, can sometimes be so ...


6

The only way I know to protect further character names or imagery in an open source game (or for any open source project) would be to use trademarks e.g. if you explicitly mention that the names and images are trademarked by you (and eventually register all of them), then you will enjoy this protection for your names and marks. It is common for several ...


6

From looking at the source code, most of R itself (vs the various packages) is licensed under one or other GPL variant. Certainly the logo file does not seem to have a specific license associated with it. This question has actually been addressed in one of the R mail lists Jan Wijffels wrote: Hi, I was wondering if there are any ...


6

Congusbongus's answer provides excellent information on what I believe to be the removal and inclusion of a project's logo. However, I want to focus more on another part: changing the logo. This dives a little more into copyright and trademark laws, the latter of which falls out of reign for most popular licenses: they come with no mention, or generally an ...


5

Starting from MemTest86 v5, the code was re-written to support self booting from the newer UEFI platform. MemTest86's History If you have written new code, then you own the copyright of that code and thereby the right to license that code however you want. So it's really a question of how they can keep the name. It all depends on if the name of MemTest86 ...


4

I want to license them in a way that prevents others from publishing derivative works under completely different names in order to make sure that they stay visibly connected to my original work. This seems to me to be a confusing and ineffective way to accomplish this goal. Suppose you name your software "Foobaz" and license it in the way you describe. ...


4

Using a trademark to refer to that brand itself is generally fine. Using a trademark as part of your name is not. Your project shouldn't mislead users in thinking that your plugin would belong to or be part of the real brand, or would otherwise be official. For example, this would be fine and your name can't be confused with the trademark: Flooblargh – a ...


4

By itself the GPL does not include such restrictions, but it neither includes any permission to use trademarked names. Strictly speaking you do not have to do anything. However, the GPLv3 does have an Additional Terms mechanism that explicitly allows you to add trademark restrictions: you may […] supplement the terms of this License with terms: […...


4

Yes, if the software uses a license that is approved by the OSI, you follow the rules "regarding the logo’s appearance" from OSI’s Logo Usage Guidelines, and you follow OSI’s Trademark Guidelines. Source: the first section of their Logo Usage Guidelines says (bold emphasis mine): The OSI logo is a trademark of Open Source Initiative. In order to protect ...


3

Often, these things are usually trademarked, if not copyrighted as well. However, a lot of the larger, more major companies provide to people various guidelines that allow people to use their trademarked, but they are often covered by various restrictions. Google, as an example, has a comprehensive help center for trademark guidelines. Although these may be ...


3

No, there are no open source licenses that require contribution before you can use the project. One of the most fundamental principles of open source software is that users of an open source project have the right to distribute the project further, with or without modification. This right does not play well with a requirement to contribute back to the ...


3

I'm not a lawyer, and it might be best to consult with your company's legal department (if they have one) about this before releasing the project. If your company's logo is a registered trademark, I don't think there is a lot to worry about. A good practice would be to explicitly state in the LICENSE or COPYING file that the logo is a registered trademark ...


3

Trademarks are a complicated matter and eventually something quite important in the FOSS world as branding is essential to some projects whether they are commercially backed or not. For instance, the branding elements of a Red Hat® or Ubuntu® distro are what makes these --otherwise free-software-based distros-- eventually non-redistributable in some cases. ...


2

I believe it would be a really bad idea. You want to have complete (legal) control over the image of your organization, not have anybody being able to use it legally (share alike or weaker rights) or take it, deface it and use it to disparage you.


2

Yes, under certain conditions. The bottom of the OSI website says that website materials are licensed under CC-BY. This generally means you can use them, including the logo. However, there are special considerations for the logo because it is also a trademark. In general, if you're using the logo in good faith for a reasonable purpose, you should be OK (...


2

You most likely want to use a rather permissive licence for your logo, and handle the rest through trademark law. If things go well, your logo is going to be used in various places to refer to your project, and the licence needs to allow that. Technically, a print magazine writing about your project and using the logo is a derivative work, even if your "...


1

You need to use trademark law for this, not copyright. To register the logo as a trademark, and enforce it isn't misused, you'd need to consult a real lawyer. It being otherwise open source, users are certainly allowed to remove the logo, change the name and sail away into the sunset. It happened with Firefox and other Mozilla products, which restricted the ...


1

I'm no lawyer, and don't even play one on TV. That said... The license on the logo as an image is one thing (e.g., do you allow others to take it and modify it for some other uses), and the use of said logo as a symbol for your project are two different things in my (ignorant) opinion. Clarify what you want in both lines. Check similar cases, e.g the logos ...


1

Yes and no: In most cases yes, your logo is covered under that permissive license, but also no, you still (may) retain trademark rights for use of that logo in conjunction with your software product. Trademarks != copyright, and most open source licenses are only copyright licenses. The Apache License 2.0 is the clearest license, because it makes explicit ...


1

From OSI FAQ:- Does Open Source mean anybody else can use my name and logo? No, at least not any more than they could otherwise. Open Source is about software source code, not about identity. That is, letting people use your code under an Open Source license is not the same as letting them use your trademarks or other identifying attributes, except insofar ...


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