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Trademark policy

Introduction

This document, the "Policy," outlines the policy for the use of NServiceBus Ltd. trademarks.

In this Policy we are not trying to limit the lawful use of our trademarks, but rather describe for you what we consider the parameters of lawful use to be. Trademark law can be ambiguous, so we hope to provide enough clarity for you to understand whether we will consider your use licensed or non-infringing.

The sections that follow describe what trademarks are covered by these Guidelines, as well as uses of the trademarks that are allowed without additional permission from us. If you want to use our trademarks in ways that are not described in this Policy, please see below for contact information. Any use that does not comply with this Policy or for which we have not separately provided written permission is not a use that we have approved.

Our commitment to open source principles

We want to encourage and facilitate the use of our trademarks by the community, but do so in a way that still ensures that the trademarks are meaningful as a source and quality indicator for our software and the associated goods and services and continue to embody the high reputation of the software and the community associated with it. This Policy therefore tries to strike the proper balance between:

  1. our need to ensure that our trademarks remain reliable indicators of the qualities that they are meant to preserve
  2. our community members' needs.

Trademarks subject to the guidelines

This Policy covers:

1. Our word trademarks and service marks (the "Word Marks"):

PARTICULAR SOFTWARE Source
NSERVICEBUS Source

2. Our logos (the "Logos"):

Source
Source

Universal considerations for all uses

Whenever you use one of the Marks, you must always do so in a way that does not mislead anyone, either directly or by omission, about exactly what they are getting and from whom. The law reflects this requirement in two major ways described in more detail below: it prohibits creating a "likelihood of confusion" but allows for "nominative use." For example, you cannot say you are distributing NServiceBus when you're distributing a modified version of it, because people would be confused because they are not getting the same features and functionality they would get if they downloaded the software directly from us. You also cannot use our logo on your website in a way that suggests that your website is an official website or that we endorse your website. You can, though, say you like the NServiceBus package, that you participate in the NServiceBus community, that you are providing an integration package that connects to NServiceBus, or that you wrote a book describing how to use NServiceBus.

This fundamental requirement, that it is always clear to people what they are getting and from whom, is reflected throughout this Policy. It should also serve as your guide if you are not sure about how you are using the Marks.

In addition:

You may not use the Marks in association with the use or distribution of software if you are also not in compliance with the copyright license for the software.

You may not use or register, in whole or in part, the Marks as part of your own trademark, service mark, domain name, company name, trade name, product name or service name.

Trademark law does not allow your use of names or trademarks that are too similar to ours. You therefore may not use an obvious variation of any of our Marks or any phonetic equivalent, foreign language equivalent, takeoff, or abbreviation for a similar or compatible product or service. We would consider the following too similar to our Marks:

  • N-Service-Bus
  • Particulars Software

You agree that you will not acquire any rights in the Marks and that any goodwill generated by your use of the Marks inures solely to our benefit.

Use for software

See Universal considerations for all uses, above, which also apply.

Uses we consider non-infringing

Distribution of unmodified source code or unmodified executable code we have compiled

When you redistribute an unmodified copy of our software, you are not changing the quality or nature of it. Therefore, you may retain the Word Marks and the Logos we have placed on the software, to identify your redistribution -- whether that redistribution is made by optical media, memory stick or download of unmodified source and executable code. This kind of use only applies if you are redistributing an official distribution from the Company that has not been changed in any way.

Statements about compatibility, interoperability or derivation

You may use the Word Marks, but not the Logos, to truthfully describe the relationship between your software and ours. Our Mark should be used after a verb or preposition that describes the relationship between your software and ours. So you may say, for example, "Bob's extensions for NServiceBus" but may not say "NServiceBus extensions." Some other examples that may work for you are:

  • [Your software] works with NServiceBus
  • [Your software] integrates with the Particular Software platform
  • [Your software] is compatible with NServiceBus
  • [Your software] for use with NServiceBus

Uses we consider infringing without permission from us

We will likely consider using the Marks for an executable form of the software built from our source code to be an infringement of our Marks. We cannot assure that the software meets our standards of quality if we did not build it.

We will likely consider using the Marks in a software distribution that combines our software with any other software program an infringement of our Marks. In addition to creating a single executable for both software programs, we would consider your software "combined" with ours if installing our software automatically installs yours. We would not consider your software "combined" with ours if it is on the same media but requires separate, independent action to install it.

Use for non-software goods and services

See Universal considerations for all uses, above, which also apply.

Uses we consider non-infringing

Websites

You may use the Word Marks and Logos on your webpage without explicit permission from the Company as long as you comply with all of the following:

  • The website has branding that is easily distinguished from the Company website;
  • Your own branding or naming is more prominent than any Company Marks;
  • The Logos hyperlink to the Company website;
  • The site does not mislead customers into thinking that either your website, service, or product is our website, service, or product; and
  • The site clearly states that you are not affiliated with or endorsed by the Company.

Publications and presentations

You can use the Word Marks in book and article titles, and the Logo in illustrations within the document, as long as the use does not suggest that we have published, endorse, or agree with your work.

Uses for which we are granting a license

User groups

You can use the Word Marks as part of your user group name provided that:

  • The main focus of the group is the software;
  • Any software or services the group provides are without cost;
  • The group does not make a profit;
  • Any charge to attend meetings are to cover the cost of the venue, food and drink only.

Note that the Universal considerations for all uses, above, still apply, specifically, that you may not use or register the Marks as part of your own trademark, service mark, domain name, company name, trade name, product name or service name.

Uses we consider infringing without seeking further permission from us

We will likely consider using the Marks as part of a domain name or subdomain an infringement of our Marks.

We would likely consider using the Marks on promotional goods for sale an infringement of our Marks.

General Information

Trademark marking and legends

The first or most prominent mention of a Mark on a webpage, document, packaging, or documentation should be accompanied by a symbol indicating whether the mark is a registered trademark ("®") or an unregistered trademark ("™"). See our trademark list above for the correct symbol to use.

Also, if you are using our Marks in a way described in the sections "Uses for which we are granting a license," please put following notice at the foot of the page where you have used the Mark (or, if in a book, on the credits page), on any packaging or labeling, and on advertising or marketing materials: "NServiceBus is trademark of NServiceBus Ltd., registered in the United States and other countries". Used with permission from NServiceBus Ltd."

What to do when you see abuse

If you are aware of any confusing use or misuse of the Marks in any way, we would appreciate you bringing this to our attention. Please contact us as described below so that we can investigate it further.

Where to get further information

If you have any questions about this Policy, would like to speak with us about the use of our Marks in ways not described in the Policy, or see any abuse of our Marks, please email legal@particular.net.

General considerations about trademarks and their use

What trademark law is about

What is a trademark?

A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. "Trade dress" or "get up" refers to the look and feel of the packaging, which in this context can include the layout, colors, images, and design choices in a web page. Throughout this Policy, the terms "trademark" and "mark" refer to both trademarks, service marks and trade dress.

However, the use of a word is "not as a trademark" when it is used functionally as part of the software program, for example, in a file, folder, directory, or path name. Use in this way is not a trademark infringement.

What is "likelihood of confusion"?

There is trademark infringement if your use of a trademark has created a "likelihood of confusion." This means using a trademark in a way that will likely confuse or deceive the relevant consuming public about the source of a product or service using the mark in question. For example, if the "Foo" software extension removes all double spaces after periods, but someone else later creates "Foo" software that adds a third space after periods, consumers would be confused between the two and the newcomer will likely be a trademark infringer. As another example, if a company makes "Foobar" software and a third party offers training called "Foobar Certification," a person is likely to believe, wrongly, that the certification is being offered by the makers of Foobar software. The third party has likely misled consumers about the source of its training and is a trademark infringer.

What is "nominative" use?

So-called "nominative use" (or "nominative fair use"), which is the name of the doctrine under U.S. trademark law, allows the use of another's trademark where it is necessary for understanding. Other countries' trademark laws also have similar provisions. For example, a car repair shop that specializes in a particular brand of automobile, VW for example, must be allowed to say that they repair VW cars. Here is what you should consider when deciding whether your use of a trademark is a nominative fair use:

  • Whether you can identify the product or service in question without using the trademark;
  • Whether you are avoiding a likelihood of confusion in the way that you have used the trademark; and
  • Whether you have used only as much as is necessary to identify the product or service.

With our "Foobar Certification" example above, the person offering the certification would be allowed to say, under the nominative fair use doctrine, that she is offering "Maude's Certification for Foobar software."

Proper trademark use

These rules hold true for all trademarks, not just ours, so you should follow them for our Marks as well as anyone else's.

Use of trademarks in text

Always distinguish trademarks from surrounding text with at least initial capital letters or in all capital letters.

Unacceptable: nservicebus, particular software
Acceptable: NServiceBus, Particular Software, NSERVICEBUS, PARTICULAR SOFTWARE

Always use trademarks in their exact form with the correct spelling, neither abbreviated, hyphenated, or combined with any other word or words.

Unacceptable: nserviceBus, Particularsoftware
Acceptable: NServiceBus, Particular Software

Don't pluralize a trademark.

Unacceptable: I have seventeen NServiceBuses in my system.
Acceptable: I have seventeen NServiceBus endpoints in my system.

Always use a trademark as an adjective modifying a noun. You can see the nouns we prefer under "Our trademarks."

Unacceptable: This is an NServiceBus. Anyone can install it.
Acceptable: This is an NServiceBus system. Anyone can install it.

Don't use a trademark as a verb. Trademarks are products or services, never actions.

Unacceptable: I NServiceBused the server today.
Acceptable: I installed NServiceBus on the server today.

Don't use a trademark as a possessive. Instead, the following noun should be used in possessive form or the sentence reworded so there is no possessive.

Unacceptable: NServiceBus’ API is very clean.
Acceptable: The NServiceBus API is very clean.

Don't translate a trademark into another language.

Acceptable: Quiero instalar NServiceBus en mi sistema.
Unacceptable: Quiero instalar NServicioAutobús en mi sistema.

Use of Logos

You may not change any Logo except to scale it. This means you may not add decorative elements, change the colors, change the proportions, distort it, add elements, or combine it with other logos.

However, when the context requires the use of black-and-white graphics and the logo is color, you may reproduce the logo in a manner that produces a black-and-white image.


These guidelines are based on the Model Trademark Guidelines, available at http://www.modeltrademarkguidelines.org, used under a Creative Commons Attribution 3.0 Unported license: https://creativecommons.org/licenses/by/3.0/deed.en_US