Evergreen Trademark Policy
Last modified: September 11, 2012
The Evergreen Project is a member project of Software Freedom Conservancy (“Conservancy”). Conservancy holds rights in the Marks
(as defined below) on behalf of the Evergreen Project in accordance with its non-profit charitable mission.
Conservancy has adopted this Policy to protect the Marks and to make sure that the identity of the Evergreen software and its free and open source nature is clear to everyone. By using this Policy, the Evergreen Project can spread the use of the Evergreen software while making sure that the Marks (as defined below) are protected in a way that’s consistent with U.S. trademark law. This Policy is written to allow all clear and appropriate use of the Marks while disapproving use of the Marks in ways that could confuse users as to where the software came from, or that implies an otherwise non-existent association with the Evergreen Project. By adhering to this Policy, you help to promote to the public the freedom to use and develop the Evergreen software.
Throughout this Policy, the word “Marks” refers to the following:
- The Evergreen graphic mark (“the Logo”), registered as US Trademark Reg. No. 3,454,582.
- The word marks “Evergreen,” registered as US Trademark Reg. No. 4551771, “Evergreen ILS,” and “EGILS”.
This Policy is only concerned with the Marks, and does not address any copyrights associated with the Evergreen software. The Evergreen Project produces free and open source software; the default copyright license(s) can be found here.
2 Guidelines for using the Marks
2.1 Trademark symbol on first mention
The first prominent mention of a Mark should be immediately followed by a symbol for, as applicable, a registered trademark
(®) or an unregistered trademark (™). For example: “Evergreen®” or “EGILS™”.
This requirement is waived in all contexts where such symbols are not required to protect the intellectual property rights associated
with the Marks, such as email, online discussion, and academic papers. We encourage the use of the applicable symbols whenever possible, but recognize that many users will omit them in non-commercial and informal contexts.
2.2 Use of the Marks without written permission
You may use the Marks without prior written permission (subject to the other sections):
- To refer to the Evergreen software in substantially unmodified form. “Substantially unmodified” means built from the source code provided by the Evergreen Project, possibly with minor modifications including but not limited to: the enabling or disabling of certain features by default, translations into other languages, changes required for compatibility with a particular operating system distribution, or the inclusion of bug-fix patches.
- To identify the Evergreen software as a distinct component of a software offering.
- To factually refer to the Evergreen Project itself, its products, or its protocols.
- When referring to Evergreen software that is not substantially unmodified, to say that such software is a “derivative of” or “based on” Evergreen.
- When referring to communities of users in the context of their use of the Evergreen software, e.g., virtual communities, community-moderated online forums, consortia of organizational users, etc. (“User Communities”), provided that the Marks are not used to suggest endorsement of any User Community by the Evergreen Project. User Communities with graphic identities should consult Section 2.5 of this Policy for further guidance.
2.3 Using the Marks as part of a product and/or service name
You may use the Marks as part of the name of a product and/or service designed to work with Evergreen, provided that you abide by all of the following requirements:
- Your offering’s name as a whole (via its other components) must clearly and unambiguously distinguishes the offering from the Evergreen software itself;
- The general presentation of your offering must not imply any official association or identity with the Evergreen Project; and
- You must not attack the validity of the Marks, or engage in any conduct, directly or indirectly that would contest the Marks (whether their validity, enforceability, scope of coverage, or otherwise), any associated goodwill, or Conservancy’s rights in and ownership of the same.
Because it would be awkward to attach a trademark symbol to a portion of a larger name whose other portions might themselves be trademarked, the requirement to display the symbol is waived for this circumstance.
2.4 Prohibited usages of the Marks
You may not use the Marks in any of the following ways without express written permission from Conservancy:
- In any way that creates a likelihood of confusion as to the identity of the Evergreen Project, the provenance of its software, or the software’s license.
- In any way that creates a likelihood of confusion between the Evergreen Project and its software, and any third-party entity, product, or service.
- In any way that indicates a greater degree of association between you and the Evergreen Project than actually exists.
- In any way that implies a designated successor to the Evergreen software (e.g., “Evergreen++” is not permitted).
- In any way that indicates that Evergreen favors one distribution, platform, product, etc. over another except where explicitly indicated in writing by the Evergreen Project.
- In any other way that dilutes or otherwise infringes upon the trademark rights of Conservancy and the Evergreen Project in the Marks.
2.5 Guidelines for using the Logo
To prevent the creation of separate graphic depictions of a Mark that would intentionally or inadvertently compete with and dilute
the Logos, your use of the Logo must comply with the general usage guidelines provided in this Policy and the following specific guidelines.
- When in use, the Logo must be displayed in its entirety, without
being cropped, partially obscured, or deconstructed into sub-elements.
The use of a partially obscured, cropped, or deconstructed Logo is
- Changing the aspect ratio, perspective, angle of rotation, layout, color scheme (except to black-and-white or gray scale) of the Logo is prohibited.
- Changing graphic elements of the Logo, including font or substituting the pine needle element for other elements, is prohibited.
- User Communities can incorporate the Logo into their graphic identities, including User Community-specific graphic marks, provided that they abide by the other terms of this Policy.
- In addition, User Communities that use the word mark “Evergreen” in their graphic identities must incorporate the Logo into their graphic identity, if such a Logo exists, to prevent the creation of a separate graphic depiction of the “Evergreen” word mark that would inadvertently compete with and dilute the Logo. For example, the fictitious User Community “Douglas Fir Hackers” can decide to incorporate the Logo into their graphic identity if they so choose. However, the also fictitious “Alaska Evergreen Society” User Community uses the “Evergreen” word mark in its name, and therefore *must* use a graphic identity that incorporates the Logo. When incorporated, the Logo must be used in its entirety, and in accordance with the other terms of this Policy. User Community graphic identities that depict the “Evergreen” word mark without using the Logo must be approved by both the Evergreen Project and Conservancy.
2.6 Use of the Marks in merchandising
You may create and sell merchandise using the Marks provided that (a) you provide the Evergreen Project and Conservancy with written notice of your intent to use at least seven days before your initial use of the Marks on merchandise, and (b) your use otherwise complies with this Policy. To provide written notice, please send a description of your intended use, along with specimens (e.g., photos and/or graphic renderings) of your intended use to email@example.com. The Evergreen Project and Conservancy reserve the right to disallow your use of Marks in merchandising if it fails to comply with this Policy, and/or otherwise goes against of the spirit of the Evergreen Project and Conservancy’s mission.
The Evergreen Project and Conservancy reserve their rights to object to your merchandising use of the Marks if we determine that your use violates the other provisions of this Policy.
2.7 Limitations to this Policy
This Policy does not confer any rights to use the trademarks “Software Freedom Conservancy,” “Conservancy,” or to use any other trademarks other than the Marks listed in Section 1. This Policy does not authorize you to act as an agent for Conservancy, enter into any agreement on behalf of or otherwise create any liability for the Evergreen Project or the Conservancy.
3 Rights reserved by Conservancy
Conservancy reserves the sole right to:
- Determine compliance with this Policy.
- Modify this Policy in ways consistent with its mission of protecting the public.
- Grant exceptions to this Policy, of any kind and for any reason whatsoever, other clauses notwithstanding.
This Policy is designed to keep the Marks safe in order to protect this software’s reputation, earned by the contributions
of the Evergreen Project to the free and open source software community. If you see any use of the Marks anywhere that you
think violates this Policy or otherwise goes against the spirit of the Evergreen Project and Conservancy’s mission, please bring
it to Conservancy’s attention by contacting us at <firstname.lastname@example.org>.
If you have questions about using the Marks, or if you think you should be able to use the Marks for any purpose not allowed by this Policy and would like permission for that use, please contact Evergreen by emailing <email@example.com> or by writing to Evergreen Project c/o Software Freedom Conservancy, 137 Montague St. Ste 380, Brooklyn, NY 11201-3548.