Want to find new ways to draw in contributors to your project? Looking to attract ideas and attention from some of the corporate vendors, but don't want to lose your independence? Don't know how to approach your employer's plans to launch BigCo's SuperLucene product? Learn how to improve your project's brand, drawing in newcomers as productive contributors, and defending your brand from aggressive vendors. Dealing fairly and firmly with companies mis-using your good reputation seems hard, but it doesn't need to be. Learn about what uses of Apache brands that are OK, versus infringing uses hungry vendors try to use - and how to stop them. The strong independent reputation of your project and Apache overall relies on every PMC policing their own brand effectively and fairly. The Trademarks Committee is here to help!

1. Up Next: Improving Your Apache
Project’s Image And Brand
@ShaneCurcuru
flickr:Gerhard Bögner CC-0

2. Shane Curcuru
Vice President, Brand Management
The Apache Software Foundation
@ShaneCurcuru | @ASFBrands
IMPROVING YOUR
APACHE PROJECT’S
IMAGE AND BRAND
flickr:epicantus CC-BY

3. INTRODUCTION
• Shane Curcuru
• Committer in1999, Member in 2002,
current Director
• V.P. Brand Management
Apache Software Foundation
• Defined trademark policies for all 200+
Apache projects
• Not your lawyer
• Not a lawyer at all

4. TOPICS
• Managing Independence & Curating Project Health
• HowThe World SeesYour Project
• Trademark Concepts In 30 Seconds
• PMC Branding &Trademarks Responsibilities
• Resources / Q&A

5. MANAGING
INDEPENDENCE &
CURATING PROJECT
HEALTH
flickr:Devo CC-BY

6. ACT INDEPENDENTLY
• Apache projects are governed independently
• Treat all participants / contributors fairly
• Apache software products are branded independently
• Clearly branded, eg,Apache Foo
• Independence = Apache Foo software performs useful
functions, without additional (proprietary) software
This is required for
all Apache projects
https://s.apache.org/independent

7. BE INCLUSIVE
• An inclusive community provides independence from
commercial influence
• Committer & PMC member diversity is the best way to
maintain long-term independent project governance
• Actively seek out new contributions with “low hanging”
bugs; review patches quickly and thoughtfully
• Encourage positive contributions; mentor new
contributors to become committers and PMC members
• Promote real-world stories of how project software
helps end users

8. PUBLIC PERCEPTION
Projects that are perceived to be
associated with a single company…
Tend to attract fewer contributions
from outside that company
Self-perpetuating cycle

9. HOW THE WORLD SEES
YOUR PROJECT
pixabay:Nedim CC-0

10. HEALTHY PROJECTS NEED
NEW CONTRIBUTORS
• Project longevity requires vitality
• Developers have a half-life
• New contributors bring new ideas
• Number of Contributors proxy for overall usage
• Ensuring they are welcomed is worth the effort!

11. What does your project do?
Code, technology, functionality
How does your project describe itself?
Website, examples, demos, docs
How does your community interact with people?
Social media, responding on lists, blogging/comments
DIFFERENT WAYSTOTHINK
ABOUTYOUR PROJECT

12. “Apache X implements the overdrive oscillation RFC 2549”
That’s great. What does it MEAN?
“Apache X software can power your inter-dimensional
oscillating transport into the 8th dimension following the RFC
2549 standard with birdseed quality of service.”
WHAT DOESYOUR
PROJECT DO?

13. •Description of the problems you solve for users
•Attractive website with clear navigation, consistent brand
•Obvious LinksYou Really Should Have
•Download, HowTo Use It, HowTo Report Issues, How
To Contribute, HowTo Contact Us, Example Programs
•Pointers to install, docs,APIs; other implementations or
related tools or technologies
HOW DOESYOUR PROJECT
DESCRIBE ITSELF?

14. •Attracting new contributors means
welcoming them
•Are questions answered quickly, politely?
•Are issues responded to?
•Are contributions/patches reviewed or
commented quickly?
HOW DOESYOUR PROJECT
INTERACT WITH PEOPLE?

15. •Do you regularly tweet or blog?
•Do you have a weekly/monthly
newsletter?
•Do you respond when newcomers
tweet/post at your project?
SOCIAL MEDIA &
ENGAGEMENT

16. BRAINSTORM:
WHAT CAN
YOUR PROJECT
IMPROVE?
flickr:Devo CC-BY

17. TRADEMARK
CONCEPTS IN
30 SECONDS
flickr:Devo CC-BY

18. •Your trademark is the legal instantiation of your brand
•It is the specific name or logo a consumer (user of your
software) associates with your downloadable software
program
•Trademarks are about preventing consumer confusion as
to the source of goods within a specific field of commerce
•Trademarks protect consumers by ensuring
expectations of quality, functionality, etc. available from a
specific vendor
WHAT ARETRADEMARKS?

19. TRADEMARKS ARE
ADJECTIVES
• Trademarks legally are used to describe the actual goods
• I buy Kleenex® brand tissues
• We run Apache CouchDB™ software and Apache
Hadoop® software
… but in common usage we just write: we're running
Python
• Adjective use & marking with ™ and ® is important on
homepage & downloads
… not as important in other places
https://www.apache.org/foundation/marks/guide

20. • Nominative use for trademarks ~= fair use for copyright
• Other people may use your trademark to describe your
goods
• Personal blogs, newspapers, technical discussions almost
always nominative
• Nominative use allows people/companies to post bad reviews
Not OK:
• Infringement is when a third party uses your marks in a way
that may mislead consumers as to the true source of goods, or
confuse users as to which company provides a software product
NOMINATIVE USE IS OK

21. • In the US, common law rights accrue from actual use of a
name™ or logo™ to identify goods – without any
registration
• Trademarks may also be registered® with the USPTO, the
EU/CommunityTrade Mark, and other individual country
governments – improves our rights, prevents problems
• Every country has different registration laws
• Most are “first to file” like EU, China, Korea; some are “first
to use”
REGISTEREDTRADEMARKS

22. PMC BRANDING
RESPONSIBILITIES
flickr:Bobo Boom CC-BY

23. BE RESPONSIBLE
• PMCs are responsible for their own brand:
• Have a consistent brand and use it on website
• Be aware of how your brand is used in the
marketplace
• Be respectful of other brands and Apache®
brand
https://www.apache.org/foundation/marks/responsibility

24. BE CONSISTENT
•Your use of your Apache Foo™ brand is the reference
implementation
•In your documentation, first and most prominent uses
•On your download page: download Apache Foo™ software
•In publicly visible parts of your product UI
•Annotate your own trademarks (both words and logos) with ™ or
® to make their status clear to others
•Trademark law is not a compiler: the general consumer perception
is what counts,
https://www.apache.org/foundation/marks/pmcs

25. BE AWARE
•Be aware of how other companies use your project
brand
•Inappropriate third party use of your brand may cause
confusion as to the source of software products
•Fairness to all users is critical – both with outsiders
and with companies who are contributing to your
project
•Detailed WhatTo Do When guidelines below:
https://www.apache.org/foundation/marks/reporting

26. BE RESPECTFUL
• Treat other organizations’ trademarks respectfully
• Charitable or community-based projects have no
business infringing on others’ trademarks
• Be liberal in attribution and giving credit to other
communities or companies
• Respond calmly and professionally if a third party
asks for/demands changes; always cc:
trademarks@
https://www.apache.org/foundation/marks/linking

27. REGISTERYOUR MARK
• Recommended policy is to register your software
product name
• The ASF will register most Apache product names for
software goods in the US, if requested by the PMC
• If your project is very popular, you can can request
additional registrations in other jurisdictions like the
EU/CTM
• Justification is required by the board for non-US
expenses
https://www.apache.org/foundation/marks/register

28. GRANTING PERMISSIONS
FOR YOUR PROJECT BRAND
flickr:Richard Fisher CC-BY

29. • PMCs may directly grant certain third party permissions for specific
uses (events, domains, swag / merchandise) of their project marks
• Best practices / improved how-to guides being rolled out
• Respond promptly: acknowledge the question even if the answer is
not ready yet
• Respond professionally: many requesters are marketers or lawyers,
not coders
• Respond privately: keep on private@ unless OP used dev@
GRANTINGTHIRD PARTY
PERMISSIONS

30. • Only grant specific permissions as noted in policy
• Events; domain names; services; merchandise
• Do not grant exceptions dealing with software product names
• But: you can allow “Powered By” names/icons (For..., Plugin...)
• Be consistent and fair when granting permissions
• Does a use of your project's brand by a third party / other company:
• Maintain clarity about the source of Apache software?
• Help the image, impact, or reach of your project community?
• Ask trademarks@ for help anytime you have a question!
RESPONDINGTOTHIRD
PARTY QUESTIONS

31. POLICING (MIS)USE OF
YOUR PROJECT BRAND

32. • When a third party is improperly using your project's brand, the PMC needs to
take action and ask for corrections!
• Assume ignorance rather than malice
• Use reporting guidelines to determine if the use is (or is not!) a problem
• Generally contact third parties privately (but be sure to cc: trademarks@)
• Private, direct contact allows all parties to save face
• Public confrontations often escalate, potentially damaging everyone's reputation
• Include brand actions in your board report
POLICE BRAND USE
PRIVATELY
https://www.apache.org/foundation/marks/reporting

33. BE PROFESSIONAL & POLITE
• Whenever contacting anyone about improper brand use:
• Be professional – you are talking to managers/marketers
• Be polite – many cases are resolved through simple discussion
• Be firm – state the ASF's clear ownership of the marks
• Be specific – quote specific uses that we request to be changed
• Most potential infringements cases are resolved through discussion
between private@, trademarks@, and the other party
• Be patient – discussions take time to resolve
• Legal threats are never the first step
https://www.apache.org/foundation/marks/templates/

34. • Send any legal questions, especially any from outside the ASF, to:
trademarks@ for anything brand-related (private archive)
legal-internal@ for specific legal question the PMC for the
project (private archive)
legal-discuss@ for general legal questions that can be discussed
publicly (public archive)
• Never grant exception to brand policy without trademarks@
approval
• Never give legal advice (unless you actually are an ASF counsel)
• Never respond to an outside lawyer without asking ASF counsel
GET LEGAL ADVICE

35. WHEN TO WORK
WITH TRADEMARKS@

36. • Any time a third party responds negatively, or when another
company lawyer is involved – ask trademarks@ to help craft
your reply
• Any difficult negotiations should be done byVP, Brand
Management, with appropriate legal counsel
• Most corporations respond to official titles
• Patience is required: trademark issues are rarely time critical
• Legal threats are never the second step
DEALING WITH
DIFFICULT SITUATIONS
https://www.apache.org/foundation/marks/reporting

37. • A Cease & Desist (C&D) is considered a last resort, when
all other approaches have failed
• Trademark litigation is expensive and risky
• Most issues can be resolved with polite, firm, and private
discussion with the right parties
• A very few serious issues end up being resolved with more
visible actions: making a public case; restricting PMC or
commit access; or the board unilaterally restructuring a
project
TRADEMARK
ENFORCEMENT

38. THANK YOU &
RESOURCES
flickr:Richard Fisher CC-BY

39. THANKYOU
•Thanks to all Apache committers and PMCs!
•Thanks to companies who respect Apache brands
•Thanks to the Brand Management Committee
•Thanks to DLAPiper counsel: Mark Radcliffe, Gina
Durham, Carol Anne Bashir, registration staff

40. • We have a detailed listing of Apache and general
trademark and branding policies, resources, and
education!
http://s.apache.org/trademarks
• Questions? <trademarks@apache.org> and
relevant <private@project.apache.org>
TRADEMARK RESOURCES

41. • Community Development PMC is here to help!
http://community.apache.org/
<dev@community.apache.org>
• Press Release or “Did you know about Apache?” help
http://www.apache.org/press/
• PutYour Events on the Apache Calendar
http://community.apache.org/calendars/
BRAND & SOCIAL
RESOURCES

42. QUESTIONS?
s.apache.org/trademarks
<trademarks@apache.org>
flickr:Devo CC-BY

43. THANK YOU!
Shane Curcuru
Vice President, Brand Management
The Apache Software Foundation
@ShaneCurcuru | @ASFBrands
IMPROVING YOUR APACHE
PROJECT’S IMAGE AND BRAND
flickr:Devo CC-BY

44. BUT IT’S OPEN SOURCE!
Apache License, v2.0
6. Trademarks.This License does not grant
permission to use the trade names,
trademarks, service marks, or product names
of the Licensor, except as required for
reasonable and customary use in describing
the origin of the Work and reproducing the