Details
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Question
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Status: Closed
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Major
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Resolution: Fixed
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None
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Description
Historically, before Apache NetBeans became an Apache project, the product would include a number of trademark'ed logos in the form of icons. These would refer to browsers (Chrome, Safari, etc).
We need to get an understanding if we can continue to do so. And if so, under which conditions.
A couple of links:
https://en.wikipedia.org/wiki/Fair_use_(U.S._trademark_law)
A nonowner may also use a trademark nominatively—to refer to the actual trademarked product or its source. In addition to protecting product criticism and analysis, United States law actually encourages nominative usage by competitors in the form of comparative advertising.
Some more, that might better hold up:
https://www.inta.org/TrademarkBasics/FactSheets/Pages/Fair-Use-of-TrademarksNL.aspx
Nominative fair use generally is permissible as long as (1) the product or service in question is not readily identifiable without use of the trademark, (2) only so much of the mark as is reasonably necessary to identify the product or service is used and (3) use of the mark does not suggest sponsorship or endorsement by the trademark owner.
Our reading is that the use of trademarked logos should be ok, as long as the intention is to refer to the product itself and it is required to be quickly recognizable.
In particular for browsers the use of their logos seems to be widespread. Here's an example from Microsoft where logos from competitors are used: https://developer.microsoft.com/en-us/microsoft-edge/platform/catalog/?page=1&q=CSSStyleDeclaration
Note that the question is not about the license of the art-work itself. The question is about use of trademarks. If the question cannot be answered generically then limit the answer to browser logos.
Thanks
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- Closed
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