OpenFlow Trademark Policy

Transcription

1 Introduction OpenFlow Trademark Policy This document outlines the Open Networking Foundation s ( ONF ) policy for the trademarks and graphic logos that we use to identify the OpenFlow specification and products compliant with the specification. There are also terms and conditions for trademark use by ONF members as part of their membership agreements. The OpenFlow trademarks, service marks, and design marks (each an OPENFLOW Mark or collectively, the OPENFLOW Marks ) are symbols of the quality, performance, and ease of use that people and businesses have come to associate with the OPENFLOW specification. The OPENFLOW Marks, which you acknowledge and agree are and shall remain the sole and exclusive property of ONF, are as follows: OPENFLOW (the OPENFLOW Word Mark ) (the OPENFLOW Logos ) To ensure that the OPENFLOW Marks continue to symbolize these values, we must ensure that the marks are only used in ways that do not mislead people or cause them to confuse the OPENFLOW specification with other specifications and software of lower quality. If we don t ensure the marks are used appropriately, we run the risk of confusing users and making it impossible to stop people from maliciously exploiting the OPENFLOW Marks in the future. The primary goal of this policy is to make sure that this doesn t happen to the OpenFlow Marks, so that the community and users of OPENFLOW compatible products are always protected in the future. 1

2 At the same time, we d like community members to feel comfortable spreading the word about the OPENFLOW specification, participating in the OPENFLOW community, and implementing the OPENFLOW specification. Keeping these goals in mind, we ve tried to make the policy as flexible and easy to understand as possible. Contacting Us This policy will often be the start of a dialogue, not the end. Something below may be simply unclear, you may feel you re right on the edge between permissible and impermissible, or you may even think your idea clearly violates the policy - but you think it would be a great idea anyway. If you are in that sort of situation, or have any other questions about anything below, please contact us; we d be happy to discuss, clarify where possible, and arrange a license if, in our discretion, a license is appropriate. Please write us at info@opennetworking.org. How to use the OPENFLOW Marks Please use the OPENFLOW Marks shown below (the Trademarks ) only as described in this section, except as expressly authorized by ONF in writing. To see if you need a license, see below under License agreement required. Use of OPENFLOW Word Mark The OPENFLOW Word Mark should be displayed in text in bold format or in all capital letters (e.g., OPENFLOW). However, when using the OPENFLOW Word Mark, take care to avoid using it in any way that may be interpreted to be a logo, such as a highly stylized typeface. When using the OPENFLOW Word Mark, never vary the spelling, add hyphens, or use a possessive or plural form of the mark. It is recommended that the appropriate trademark symbol be used throughout a document whenever the OPENFLOW Word Mark is used. At a minimum, place the or symbol (as the case may be) after the OPENFLOW Word Mark when it is used for the first time in a document, major section and/or paragraph. Always use the OPENFLOW Word Mark as and adjective followed by a noun such as specification, technology, or protocol. o OK: Our product works with version of the OpenFlow specification. o Not OK: Our product gives you OpenFlow. o Not OK: OpenFlow your product! Do not use the OPENFLOW Word Mark as a stand alone noun. For example, do not state OPENFLOW provides a remote controller the power to modify the behavior of network devices. Rather, the OPENFLOW Word Mark should be followed by a noun, as described above. The OPENFLOW Word Mark cannot be used in the name of any product (e.g., PerfectOpenFlow). Further, the OPENFLOW Word Mark should not be used as part of the name, trademark, or service mark of any company or organization other than ONF. 2

3 Members of ONF must also take particular care not to adopt any name, trademark, or service mark that is confusingly similar to the OPENFLOW Word Mark. The OPENFLOW Word Mark cannot be used in the domain name of any Internet site (e.g., openflowstuff.com). The OPENFLOW Word Mark cannot be used to refer to any device or product that is not in fact compliant with the OPENFLOW specification or to infer that a device or product is compliant with the OPENFLOW specification when it is not. The ONF, the OPENFLOW specification, and any official implementations of the OPENFLOW specification must be clearly distinguishable from any product that is not an officially endorsed implementation, and from software or services by any company or individual that is not the ONF. The Trademarks must not be used to disparage the ONF, or the OPENFLOW specification, software or project, nor be used in any way to imply ownership, endorsement, or sponsorship by the ONF of any OPENFLOW related project or initiative of any kind. Nothing in this policy shall be interpreted to allow any third party to claim any association with the ONF or the OPENFLOW project, or to imply any endorsement, approval or support by the ONF or the OPENFLOW project for any third party products or services. The OPENFLOW Word Mark should not be translated into any other language, even if the OPENFLOW Word Mark is used in non-english speaking countries. The OPENFLOW Word Mark should be accompanied by the version number of the OPENFLOW protocol being referenced. o OK: Our product works with version of the OPENFLOW specification. o Not OK: Our product works the OPENFLOW specification. Use of the OPENFLOW Logos Do not alter, cut apart or otherwise distort the OPENFLOW Logos in perspective or appearance. However, you may use the OPENFLOW Logos in black and white. The word portion of the OPENFLOW Logos, if any, should not be translated into any other language, even if the OPENFLOW Logos are used in non-english speaking countries. When an OPENFLOW Logo is used on a product, it shall be placed directly on the compliant product, or on product packaging and user manuals included with the compliant product. If an OPENFLOW Logo is used on product packaging, it is recommended that it be placed on the front or prominent side of the packaging. The OPENFLOW Logos may be used anywhere in electronic, broadcast and print advertisements, and other promotional materials such as product brochures and catalogues, which feature only the compliant product or multiple compliant products, as long as it is made clear that the OPENFLOW Logos are only associated with the products and not with any company or service, and the usage complies with all other requirements of this document, the ONF Membership Agreement, and any other trademark usage guidelines that ONF may adopt from time to time. When used in connection with a textual reference to a compliant product, the OPENFLOW Logo must be placed in 3

4 a manner that does not lead a reader to believe that the OPENFLOW Logo is part of the product name. If multiple products are featured in an advertisement or other promotional materials and some of them are not compliant, the OPENFLOW Logo must be used only in conjunction with the compliant product and must be placed on, or directly adjacent to, an image of the compliant product or directly adjacent to a textual description of the compliant product. The OPENFLOW Logo must not be displayed in such a manner which creates an association with any non-compliant product or implies that any non-compliant product is in fact compliant. The OPENFLOW Logos must never be placed in a manner or position that implies the entire brand or the company (or a subset) is certified. The OPENFLOW Logos shall never be used or associated with products that are not compliant with the OPENFLOW specification or to imply that a device or product is compliant when it is not. The OPENFLOW Logos shall never be used in any manner that would imply endorsement by the ONF of a specific company, its products, or its services. The OPENFLOW Logos shall not be used in any company name, product name, service name, domain name, website name, or the like. The OPENFLOW Logos shall not be used in a manner that disparages the OPENFLOW Logo, the OPENFLOW specification or the ONF, its successors, licensees and assigns. Notwithstanding the above, the most important thing to remember is to not use any of the OPENFLOW Marks in a way that is confusing as to the origin of a product, or the OPENFLOW specification. License agreement required: To use the OPENFLOW Marks, you must contact the ONF and obtain a written license agreement, unless your usage falls into one of the exceptions described below. Any sort of use in commerce, such as promoting a commercial implementation of the OPENFLOW specification by using the OPENFLOW Marks, does require a written license agreement or current membership in the ONF. If your usage does not fall into one of the exceptions described below, don t give up! Instead, contact us; we d like to work with you to understand what you re doing and try to create, in our discretion, a licensing arrangement that protects the OPENFLOW Marks while still allowing you to use them. Exceptions: Use in the following ways does not require a written license agreement: Nominative Use or Non-Trademark Use 4

5 Nominative uses are uses that refer to a trademark in a factual manner, using only so much of the trademark as is necessary to convey information and doing nothing to imply sponsorship or endorsement by the trademark holder. Nominative uses may not require a license under trademark law. If you have questions about any of these uses, and whether they constitute a trademark use that requires a license, please contact us. Some examples of permitted nominative fair use: I recommend (or don't recommend) OPENFLOW products for your business. This conference talk will be about my experiences with the OPENFLOW specification. Examples of things which are not nominative fair use and not permitted without a license: Use of the OPENFLOW Marks in a domain name (e.g., openflowconsultingservices.com) Use of trademarks confusingly similar to the OPENFLOW Marks in software product names. Company names that may be associated in customer s minds with the ONF or the OPENFLOW Marks (e.g., OpenFlow Consulting, Inc.). Use of the OPENFLOW Logos. Community-developed implementations of the OPENFLOW specification: The OPENFLOW Marks may be used in connection with implementations of the OPENFLOW specification, but only if: 1) the implementation is released free of charge and under an Open Source Initiative-approved license; 2) the OPENFLOW Marks are used in accordance with the requirements of this policy, including as detailed in Forms of use section below; and 3) the implementation complies completely with the OPENFLOW specification. The requirement of compliance with the OPENFLOW specification is intended to reduce confusion by ensuring that implementations are interoperable with each other and otherwise of a uniformly high quality. We realize that these requirements (such as free of charge ) may be ambiguous in some contexts. If in doubt, don t give up. Instead, please contact us; we d be happy to talk through the specifics of your situation, and issue guidance (and/or a license) as necessary and as deemed appropriate, in our discretion. At the same time, if you find something unclear and think you re close to the line, don t just go ahead and use the OPENFLOW Marks; we reserve the right to review and object to any usage, even after you ve started using the OPENFLOW Marks, so it is best to get in touch with us first. Events: 5

6 You may use the OPENFLOW Marks as part of a name for non-commercial events such as meetups, if they are used in accordance with the requirements of this policy, including, as detailed in Forms of use section below, including prominent display of the disclaimer notice on the event s website and other marketing materials. We reserve the right to review and object to any usage, so you may wish to seek a formal license before announcing your event. Merchandise: You may put the OPENFLOW Marks on t-shirts and other merchandise distributed at non-commercial events such as meetups, as long as such usage does not confuse consumers, disparage the ONF or the OPENFLOW project, or in some other way detract from the value of the OPENFLOW specification, or the ONF. Do not put the OPENFLOW Marks on merchandise that is available for public sale (such as on cafepress.com or zazzle.com). Forms of use: If you have permission to use the OPENFLOW Marks as a result of preceding sections of this policy or if you otherwise have a license, you should use the mark accurately and properly, including use of the appropriate or symbol. Different rules may apply depending on whether the particular OPENFLOW Mark has been registered in the particular country or community in which it is being used. Although the OPENFLOW Marks have been registered in several countries around the world, member companies should confirm with ONF as to the status of the particular OPENFLOW Mark in the country at issue. If there is any doubt as to the appropriate trademark symbol to be used, member companies should use the trademark symbol ( ). In order to help clarify that you are the source of the module (and so that we don t get support requests for your code, or vice versa) we would prefer that you add the following disclaimer, or one with similar legal effect, in an appropriate location: OPENFLOW and the OPENFLOW circle designs are trademarks of the Open Networking Foundation. All rights reserved. Unauthorized use is strictly prohibited. In addition, if you are using the OPENFLOW Marks in connection with a community-developed implementation of the OPENFLOW specification as described above, or in connection with an event which is not affiliated with or endorsed by the ONF, the legend should be amended as follows: OPENFLOW and the OPENFLOW circle designs are trademarks of the Open Networking Foundation. All rights reserved. Unauthorized use is strictly prohibited. This [implementation, software package, event, etc.] is not formally related to or endorsed by the Open Networking Foundation or the official OPENFLOW project. 6

7 Appropriate locations could include your website, a README file (if you have one), or source code headers. Policy modifications and exceptions: The Open Networking Foundation reserves the right to modify this policy at any time, or to revoke any and all permissions or consents in the policy. If the Open Networking Foundation notifies you that your use of any Trademark is detrimental to any OpenFlow or Open Networking Foundation trademarks or is otherwise unacceptable, you must immediately cease using the marks, and may not use the marks, even if their use would otherwise be acceptable under this policy. LEGAL DISCLAIMER: NOTHING CONTAINED IN THIS DOCUMENT SHALL BE DEEMED AS GRANTING YOU ANY KIND OF LICENSE IN ITS CONTENT, EITHER EXPRESSLY OR IMPLIEDLY, OR TO ANY INTELLECTUAL PROPERTY OWNED OR CONTROLLED BY ANY OF THE AUTHORS OR DEVELOPERS OF THIS DOCUMENT. THE INFORMATION CONTAINED HEREIN IS PROVIDED ON AN AS IS BASIS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AUTHORS AND DEVELOPERS OF THIS DOCUMENT HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, STATUTORY OR AT COMMON LAW, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE OPEN NETWORKING FOUNDATION FURTHER DISCLAIMS ANY AND ALL WARRANTIES OF NONINFRINGEMENT, TITLE, VALIDITY AND ACCURACY. OPENFLOW and the OPENFLOW circle design are trademarks of the Open Networking Foundation. All rights reserved. Unauthorized use is strictly prohibited. Copyright 2012 Open Networking Foundation. All rights reserved. 7