Add a trademark policy #57

thufschmitt · 2023-03-28T13:43:39Z

Very first draft right now. Essentially a copy-paste of the Python one + s/Python/Nix. But I think it's a solid basis for building our own policy.

Fix #36

Very first draft right now. Essentially a copy-paste of the Python one + `s/Python/Nix`. But I think it's a solid basis for building our own policy

trademark/policy.md

thufschmitt · 2023-03-28T13:48:35Z

trademark/policy.md

+
+This document outlines the policy of the NixOS Foundation (“NF”) regarding the use of its trademarks. Any use of any NF trademark must be in accordance with this policy.
+
+“Nix” and the Nix logo is a registered trademark of the PSF.


The python policy also specifies some non-registered trademarks here (“use trademarks”). We can do the same if it makes sense

trademark/policy.md

thufschmitt · 2023-03-28T13:56:13Z

trademark/policy.md

+1. If the trademark is registered with the U.S. Patent and Trademark Office, it is referred to as a registered mark. The first or most prominent mention of a Nix trademark should be immediately followed by a symbol for registered trademark: “®” or “(r)”. For example “Nix® …” This requirement is waived in all contexts where such marks are not normally included: email, online 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.
+2. Try to give the word “Nix” distinctive graphic treatment wherever possible. The trademark should be set apart from surrounding text by using ALLCAPS, *italics*, **emphasized** or underlined fonts.
+3. If the word “Nix” or the Nix logos are used in certain contexts, the following statement should accompany its use: “*Nix” and the Nix logos are trademarks or registered trademarks of the Nix Software Foundation, used by ___________ with permission from the Foundation.*
+
+    For websites and documentation this can be on a “legal statements” page. For brochures and published articles, this statement is optional. We encourage use of this statement, particularly for published materials, but recognize some non-commercial and informal uses will omit it.


I'm not sure whether we want that. Feels very heavy and corporate

trademark/policy.md

Co-authored-by: Graham Christensen <[email protected]>

zimbatm · 2023-03-28T17:41:09Z

trademark/policy.md

+
+As such, stating accurately that software is written in the Nix programming language, that it is compatible with the Nix programming language, or that it contains the Nix programming language, is always allowed. In those cases, you may use the word “Nix” or [the unaltered logos](https://github.com/NixOS/nixos-artwork/blob/master/logo/README.md) to indicate this, without our prior approval. This is true both for non-commercial and commercial uses.
+
+This clause overrides other clauses of this policy. However, if you have any doubts about your intended use of the trademarks, please [contact the NF board.](https://www.notion.so/Role-of-the-NixOS-Foundation-1640a3aa20c64f2aac9f15de34516150)


Suggested change

This clause overrides other clauses of this policy. However, if you have any doubts about your intended use of the trademarks, please [contact the NF board.](https://www.notion.so/Role-of-the-NixOS-Foundation-1640a3aa20c64f2aac9f15de34516150)

This clause overrides other clauses of this policy. However, if you have any doubts about your intended use of the trademarks, please [contact the NF board.](mailto:[email protected])

zimbatm · 2023-03-28T17:42:08Z

trademark/policy.md

+
+# General Goals
+
+In general, we want the word mark “Nix” and the Nix logos to be used with minimal restriction to refer to the Nix programming language.


Is NixOS also a term that is covered, or just "Nix"?

zimbatm · 2023-03-28T17:44:00Z

trademark/policy.md

+
+# Helping Out
+
+As a member of the Python community, please keep an eye out for questionable uses of the Nix logo and the “Nix” word mark. You can report potential misuse to [the NixOS foundation board](mailto:[email protected]). We will evaluate each case and take appropriate action.


Suggested change

As a member of the Python community, please keep an eye out for questionable uses of the Nix logo and the “Nix” word mark. You can report potential misuse to [the NixOS foundation board](mailto:[email protected]). We will evaluate each case and take appropriate action.

As a member of the NixOS community, please keep an eye out for questionable uses of the Nix logo and the “Nix” word mark. You can report potential misuse to [the NixOS foundation board](mailto:[email protected]). We will evaluate each case and take appropriate action.

s/NixOS/Nix/

zimbatm · 2023-03-28T17:44:29Z

trademark/policy.md

+
+Trademark law is mainly a way to protect the public, rather than the trademark holder. This means that uses of trademarks that confuse consumers – which in our case would include our developer and user community, or anyone else who might be likely to use the Nix package manager – are not permitted under law. As the owner of the trademark, we must be sure the mark is used properly, so the community is not confused. That is what we mean when we say that an unpoliced trademark may be endangered or lost. When the trademark no longer represents a certain level of quality to the community, or no longer indicates that we are the source of the products that bear the trademark, the trademark loses its value.
+
+Underlying NF's trademark policy is a set of guidelines for what is – and is not – acceptable use of NF's trademarks, specifically the word mark “Nix”, the Python logos, and variations of those marks. This policy describes the uses generally approved by NF for its trademarks. However, if you violate this policy, or otherwise take actions that may compromise the goodwill or trademarks of NF, or expose NF to liability, NF may require you to cease all use of any NF trademark, regardless of the uses allowed in this policy.


Suggested change

Underlying NF's trademark policy is a set of guidelines for what is – and is not – acceptable use of NF's trademarks, specifically the word mark “Nix”, the Python logos, and variations of those marks. This policy describes the uses generally approved by NF for its trademarks. However, if you violate this policy, or otherwise take actions that may compromise the goodwill or trademarks of NF, or expose NF to liability, NF may require you to cease all use of any NF trademark, regardless of the uses allowed in this policy.

Underlying NF's trademark policy is a set of guidelines for what is – and is not – acceptable use of NF's trademarks, specifically the word mark “Nix”, the Nix logos, and variations of those marks. This policy describes the uses generally approved by NF for its trademarks. However, if you violate this policy, or otherwise take actions that may compromise the goodwill or trademarks of NF, or expose NF to liability, NF may require you to cease all use of any NF trademark, regardless of the uses allowed in this policy.

nixos-discourse · 2023-03-31T14:38:16Z

This pull request has been mentioned on NixOS Discourse. There might be relevant details there:

https://discourse.nixos.org/t/tweag-nix-dev-update-46/26872/1

thufschmitt · 2023-04-12T08:35:19Z

Also relevant: https://docs.google.com/document/d/1ErZlwz9bbSI43dNo-rgQdkovm2h5ycuW220mWSOAuok/edit and

Atemu · 2023-11-08T08:33:06Z

trademark/policy.md

+
+# General Goals
+
+In general, we want the word mark “Nix” and the Nix logos to be used with minimal restriction to refer to the Nix programming language.


Programming language probably doesn't really apply. That's one of the less interesting parts of Nix to trademark. OS and package manager are the important ones IMO.

Atemu · 2023-11-08T08:37:39Z

trademark/policy.md

+
+Any commercial use of the NF trademarks in product or company names must be approved first by the NF. Some uses, like calling a company “The Nix Company,” or a product “Nix Language” or “Nix IDE” will be refused. This is because they are overly broad, or confusing whether the Nix programming language is open source or commercial, or whether your product or organization is affiliated with or sponsored by NF.
+
+Any use of a derived (modified) logo for any commercial purpose must also be approved first by the NF. We will generally be unable to do this, because of the confusion it may cause. As a guideline, modifications that leave the shape – but not necessarily the colours – unaltered are likely to be approved. Inclusion of other visual elements at an offset to the logo is generally acceptable (subject to other terms of this policy). Modifications that modify or obscure any part of the shape of the logo will not be approved.


I think this is overly strict. I've seen great derivatives of the Nix logo that would violate this policy but are obviously not official.

The most critical is probably the use of a mostly unaltered logo such as the NixOS release logos, the Nix community one or just generally text with the NixOS logo beside it.

Atemu · 2023-11-08T08:44:04Z

trademark/policy.md

+
+### Derived Logos
+
+- *Derived* logos must always be sufficiently different from the Nix logos to allow the community to tell the difference. For example, if you want to create a *derived* logo for a local Nix user group, you might be able to insert an unaltered Nix logo graphic into the local group's name in a way that does not cause confusion. But confusingly similar derived logos are not allowed. This includes entwining Nix logos with other logos, or connecting them together in a confusing manner. Logos that simply change the colours or fonts require permission from the NF Trademarks Committee.


Again, I think things like entwining the Nix logo with others is pretty obviously non-official.

thufschmitt added 2 commits March 28, 2023 15:43

First draft of a trademark policy

a838916

Very first draft right now. Essentially a copy-paste of the Python one + `s/Python/Nix`. But I think it's a solid basis for building our own policy

Remove some notion-specific markup

4c9a823

grahamc reviewed Mar 28, 2023

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thufschmitt commented Mar 28, 2023

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Clear some leftovers mentions of Python

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Co-authored-by: Graham Christensen <[email protected]>

zimbatm reviewed Mar 28, 2023

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zimbatm force-pushed the master branch 2 times, most recently from e1bee88 to 2733ca6 Compare April 11, 2023 17:20

zimbatm assigned thufschmitt Apr 11, 2023

Atemu reviewed Nov 8, 2023

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Add a trademark policy #57

Add a trademark policy #57

thufschmitt commented Mar 28, 2023 •

edited

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thufschmitt Mar 28, 2023

thufschmitt Mar 28, 2023

zimbatm Mar 28, 2023

zimbatm Mar 28, 2023

zimbatm Mar 28, 2023

Atemu Nov 8, 2023

zimbatm Mar 28, 2023

nixos-discourse commented Mar 31, 2023

thufschmitt commented Apr 12, 2023

Atemu Nov 8, 2023

Atemu Nov 8, 2023

Atemu Nov 8, 2023


		This document outlines the policy of the NixOS Foundation (“NF”) regarding the use of its trademarks. Any use of any NF trademark must be in accordance with this policy.

		“Nix” and the Nix logo is a registered trademark of the PSF.


		As such, stating accurately that software is written in the Nix programming language, that it is compatible with the Nix programming language, or that it contains the Nix programming language, is always allowed. In those cases, you may use the word “Nix” or [the unaltered logos](https://github.com/NixOS/nixos-artwork/blob/master/logo/README.md) to indicate this, without our prior approval. This is true both for non-commercial and commercial uses.

		This clause overrides other clauses of this policy. However, if you have any doubts about your intended use of the trademarks, please [contact the NF board.](https://www.notion.so/Role-of-the-NixOS-Foundation-1640a3aa20c64f2aac9f15de34516150)


		# General Goals

		In general, we want the word mark “Nix” and the Nix logos to be used with minimal restriction to refer to the Nix programming language.


		# Helping Out

		As a member of the Python community, please keep an eye out for questionable uses of the Nix logo and the “Nix” word mark. You can report potential misuse to [the NixOS foundation board](mailto:[email protected]). We will evaluate each case and take appropriate action.

	As a member of the Python community, please keep an eye out for questionable uses of the Nix logo and the “Nix” word mark. You can report potential misuse to [the NixOS foundation board](mailto:[email protected]). We will evaluate each case and take appropriate action.
	As a member of the NixOS community, please keep an eye out for questionable uses of the Nix logo and the “Nix” word mark. You can report potential misuse to [the NixOS foundation board](mailto:[email protected]). We will evaluate each case and take appropriate action.


		Trademark law is mainly a way to protect the public, rather than the trademark holder. This means that uses of trademarks that confuse consumers – which in our case would include our developer and user community, or anyone else who might be likely to use the Nix package manager – are not permitted under law. As the owner of the trademark, we must be sure the mark is used properly, so the community is not confused. That is what we mean when we say that an unpoliced trademark may be endangered or lost. When the trademark no longer represents a certain level of quality to the community, or no longer indicates that we are the source of the products that bear the trademark, the trademark loses its value.

		Underlying NF's trademark policy is a set of guidelines for what is – and is not – acceptable use of NF's trademarks, specifically the word mark “Nix”, the Python logos, and variations of those marks. This policy describes the uses generally approved by NF for its trademarks. However, if you violate this policy, or otherwise take actions that may compromise the goodwill or trademarks of NF, or expose NF to liability, NF may require you to cease all use of any NF trademark, regardless of the uses allowed in this policy.


		Any commercial use of the NF trademarks in product or company names must be approved first by the NF. Some uses, like calling a company “The Nix Company,” or a product “Nix Language” or “Nix IDE” will be refused. This is because they are overly broad, or confusing whether the Nix programming language is open source or commercial, or whether your product or organization is affiliated with or sponsored by NF.

		Any use of a derived (modified) logo for any commercial purpose must also be approved first by the NF. We will generally be unable to do this, because of the confusion it may cause. As a guideline, modifications that leave the shape – but not necessarily the colours – unaltered are likely to be approved. Inclusion of other visual elements at an offset to the logo is generally acceptable (subject to other terms of this policy). Modifications that modify or obscure any part of the shape of the logo will not be approved.


		### Derived Logos

		- Derived logos must always be sufficiently different from the Nix logos to allow the community to tell the difference. For example, if you want to create a derived logo for a local Nix user group, you might be able to insert an unaltered Nix logo graphic into the local group's name in a way that does not cause confusion. But confusingly similar derived logos are not allowed. This includes entwining Nix logos with other logos, or connecting them together in a confusing manner. Logos that simply change the colours or fonts require permission from the NF Trademarks Committee.

Add a trademark policy #57

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thufschmitt commented Mar 28, 2023 • edited Loading

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nixos-discourse commented Mar 31, 2023

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thufschmitt commented Mar 28, 2023 •

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