Michael Ross gmx at ross.cx
Sun Mar 16 03:55:46 UTC 2014


On Sat, 15 Mar 2014 08:42:08 +0100, Matthew Seaman <matthew at freebsd.org>  
wrote:

> On 15/03/2014 05:49, Masayoshi Fujimoto wrote:
>> It might be newbie question.
>> I would like to make T-shirts for personal use. (I don't sell them.)
>>
>> http://www.freebsd.org/logo.html
>>
>> Can I use FreeBSD Logo for my T-shirts?
>> As I am not native, I can not understand Usage Guidelines at The  
>> FreeBSD Foundation.
>> Please answer easy English.
>
> You need to ask permission from trademark at FreeBSDFoundation.org.
> Explain what you want to do, and they'll tell you if it's OK or not.


Quote the Trademark Usage Terms and Conditions:
"Any individual, organization, or company may use the Marks to show  
support for the Project or as part of a notice to users that your product  
incorporates the FreeBSD operating system."

Wouldn't that cover personal T-Shirts without obtaining permission?
In other words, does this sentence imply the suffix "without permission?"

Because as I understand it, the need to ask permission only arises for  
"product packaging or to promote products and services, or to create the  
impression of an endorsement or certification".

This is sort-of squeezed together in one paragraph.

Personally, I would find the "notice to users that my product incorporates  
FreeBSD" generally promotional for my product. I think the terms are  
contradictory/confusing in itself right there...

That's a fine line between "my product incorporates FreeBSD" ( which  
should be covered by "Any individual..." ) and "my product gives you the  
stability of FreeBSD" ( promotional, need to ask permission ). What about  
"my product incorporates FreeBSD, which is known for its stability."?

The madness can only be measured in lawyer-hours.

Maybe under US law you could actually put your mark at risk if you had a  
sentence in there "Any individual can ... without permission.", as this  
could be construed as waiving the rights.


Regards,

Michael


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