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  1. Legal Discuss
  2. LEGAL-495

How to handle a non-licensed, "fair use" trademark.

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Details

    • Question
    • Status: Closed
    • Major
    • Resolution: Fixed
    • Policy Question
    • None

    Description

      Apache NetBeans has a n interesting situation. We have a PR for updating the Gradle icons in Apache NetBeans. The PR was initiated by one of Gradle employees. We worked through the details. The new logos (scaled down ones) have been approved by the Gradle design team. So far is a happy story.

      Here comes the twist. The old logos were clearly distributed under Apache 2.0 license. This is changed with the new ones. They are not really licensed. We notified the Gradle team on that, and we got their kind response from Rolf Dockter:

       

      from Rolf Dockter

      Hi Lazlo,

      sorry for the delay (see your email below) and thanks for bringing this to my attention.

      We're in the process of revising the licensing info.

      Therefore I inform you in this way that we give permission to use the logo under the following condition:

      For Our Customers and the General Public

      Gradle embraces “fair use” of its trademarks. As such, you may use the foregoing trademarks to identify Gradle and its family of products, for example, in your website, blog, news article, or product review, without our written consent, as long as you use them without modification or deceptive intent and do not cause a likelihood of confusion between yourself and Gradle’s brands.
      If you have any questions or concerns, don't hesitate to ask.

      Best,
      Rolf

       

      The question is the following: How shall we handle this one? Shall we just distribute the icons as they are? Add something to the Notice file? Something else?

       

       

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            Unassigned Unassigned
            lkishalmi Laszlo Kishalmi
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