On May 27, 2009, at 6:45 PM, Lawrence Rosen wrote:

Alan Cabrera asked:
Let's say that IBM donates Websphere to the ASF.  They acquiesce in
our calling our software "Apache Webshpere".  Would it still be ok if
they had IBM Websphere?

Yes. (I presume you meant to type "Websphere"!) The key is acquiescence. It would mean that IBM has acquiesced to the use of "Websphere" as a common name for a variety of software products from different vendors, and they would no longer be able to defend it as their exclusive trademark for their own specific brand of software. But they could still use that name, because
we and others couldn't challenge IBM's continued use either.

I think that I was not clear. While it may be perfectly legal for this situation to happen, the ASF would frown upon such an arrangement. This is because there are a myriad of companies that wish to leverage their marketing efforts off of the cache of the Apache Software Foundation. It is my understanding that we require that the donation organization cease using the brand.

Take for example the donation of ServiceMix by LogicBlaze. LogicBlaze renamed its product offering of ServiceMix to FUSE.


Regards,
Alan



/Larry



-----Original Message-----
From: Alan D. Cabrera [mailto:l...@toolazydogs.com]
Sent: Wednesday, May 27, 2009 6:27 PM
To: legal-disc...@apache.org
Cc: vcl-dev@incubator.apache.org
Subject: Re: VCL project name


On May 27, 2009, at 3:58 PM, Lawrence Rosen wrote:

From those on the legal-discuss list, there's one thing NCSU would
like
to get clarification on.  If NCSU more clearly donates the name
"VCL" to
Apache, would NCSU still be allowed to run a service that contains
"VCL"
in the name of the service?

Yes. We can't and won't expressly trademark "VCL".

NCSU doesn't need to donate anything, merely acquiesce in our
calling our
software "Apache VCL".

Let's say that IBM donates Websphere to the ASF.  They acquiesce in
our calling our software "Apache Webshpere".  Would it still be ok if
they had IBM Websphere?


Regards,
Alan




/Larry (with ASF attorney hat on)


-----Original Message-----
From: Josh Thompson [mailto:josh_thomp...@ncsu.edu]
Sent: Wednesday, May 27, 2009 8:07 AM
To: legal-disc...@apache.org
Cc: vcl-dev@incubator.apache.org
Subject: Re: VCL project name

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Hash: SHA1

Bump.

Is there anyone out there that could give us some direction about our
project
name?

Thanks,
Josh

On Monday May 04, 2009, Josh Thompson wrote:
To the legal-discuss list:

From those on the legal-discuss list, there's one thing NCSU would
like
to
get clarification on.  If NCSU more clearly donates the name "VCL"
to
Apache, would NCSU still be allowed to run a service that contains
"VCL"
in
the name of the service?

Whether or not the Apache project name changes, the NCSU site
(http://vcl.ncsu.edu) will be updated to clearly reflect that the
code
powering the service is from Apache. As a bit of background, while
development of VCL was at NCSU, NCSU had no problems with other
universities using the code to run a service named "VCL" at their
own
site.
It was just asked that somewhere on the site, NCSU was credited with
the
development of VCL.  When moving the code to Apache, it was
assumed that
this same arrangement would be allowed (i.e. Apache credited with
the
development of VCL).  It's okay if that's not the case, but it
would be
helpful to have some legal reasons explaining why.

To the vcl-dev list:

If using "VCL" in the name of the service would not be allowed,
what do
people in the VCL community think of changing the Apache project
name to
VCloud? That name was previously mentioned by Sam in this message:

http://mail-archives.apache.org/mod_mbox/incubator-vcl-
dev/200903.mbox/<001
701c99c40$87f1a390$97d4eab0$%40edu>

Thanks,
Josh

On Friday May 01, 2009, aaron_pee...@ncsu.edu wrote:
Matt, Alan, Kevan,

Any additional information on the project name ?

I found this in the archives:
http://mail-archives.apache.org/mod_mbox/www-legal-
discuss/200904.mbox/%3
C4 d6e71c2-396a-4b02-afa9-041edd94f...@sun.com%3e

In particular:

"If you want to continue to use VCL, I'd recommend asking NCSU to
make
more obvious their donation to Apache and their intent to donate
not
only the code but the name. This would allow us to claim historic
use
of the name. If not, find another name."

How do we donate the name?

NCSU is taking efforts to make the donation more obvious at the
ncsu
site.

Thanks for any advice,
Aaron
- --
- -------------------------------
Josh Thompson
Systems Programmer
Virtual Computing Lab (VCL)
North Carolina State University

josh_thomp...@ncsu.edu
919-515-5323

my GPG/PGP key can be found at pgp.mit.edu
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