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PROFITING FROM APACHE® BRANDS
WITHOUT LOSINGYOUR SOUL
Shane Curcuru
Vice President, Brand Management
The Apache Software Foundation
INTRODUCTION
• Shane Curcuru -VP, Brand Management,The Apache Software Foundation
• Volunteer, appointed by Apache Board of Directors
• Define trademark policy for all 200+ Apache projects
• Provide trademark support for projects
• Involved at Apache since 1999
• Not a lawyer
• Questions? <trademarks@apache.org>
TOPICS
• What is Apache?
• What is the Apache brand?
• How to use Apache project brands
• How to support Apache projects
• What happens when things go wrong:
• Apache trademark enforcement
• Q&A / Resources
WHAT ISTHE APACHE SOFTWARE FOUNDATION?
STRUCTURE
• US 501(c)(3) membership corporation and public charity (tax exempt)
• Corporate Sponsorship program + individual donors = 100% funding
• ~1 million USD annual budget
• ASF provides core services to all Apache projects
• Sysadmin contractors, Services, Hardware/Bandwidth
• Publicity; Events; Brand; Legal; Travel Assistance
• Pro bono counsel by DLAPiper, global IP law firm
• 167+ Apache projects + 40+ Incubator podlings
http://www.apache.org/foundation/sponsorship
GOVERNANCE
• 9 member Board of Directors
• Elected from/by individual members (no corporate participation)
• Board appoints executive/project officers
• Set Apache-wide policy: legal, brand, infra, press, etc.
• Board createsVPs & PMCs to manage projects
• PMCs are run independently by merit-based volunteers
• PMCs determine technical direction, vote on all releases
• All governance positions are individual volunteers
http://www.apache.org/foundation/governance/
GOALS
• Apache is a non-profit, public charity
• Our Mission: provide software for the public good
• Our Method: provide stable, independent home for like-
minded, diverse project communities
• Our Goal: Ensure Foundation exists for next 50 years
WHAT ISTHE APACHE® BRAND?
THE APACHE BRAND
• Apache ® software projects share these elements:
• Pragmatic and permissive Apache license
• Always free to download
• Participation in projects based on merit
• Openly developed software
• Independent project governance
• APACHE is our house brand for community built software
• APACHE is a registered trademark of the ASF
http://community.apache.org/projectIndependence
PROJECT BRANDS
• All projects share a common Apache Way of working
• Our secret sauce: community and development methodologies
• Every PMC defines their project's brand independently, so actual
Apache project brands may differ in style
• “Apache” must precede all project names (eg,Apache Lucene®,
Apache Spark™,Apache Sqoop™, etc.)
• All Apache project/product names are trademarks, owned by the
ASF on behalf of the individual projects
TRADEMARK POLICY
• Applies to all Apache project brands, with flexibility for individual projects to make own
decisions
• Protects both primary Apache goods (software products) and secondary Apache
goods (software services, basic support)
• Goals are to maintain good reputation and encourage new contributors to all our
projects
• The ASF holds a mix of registered and common law marks:
• HADOOP, LUCENE, OPENOFFICE and others are registered trademarks in the US,
EU, and/or other countries
• Apache Sqoop and Apache Zookeeper are unregistered trademarks
http://www.apache.org/foundation/marks/
BRAND USAGE GOALS
• ASF project brands are for use by the Apache community only:
• Individual contributors do not own the brand
• Companies that contribute money or their employees' time do
not own the brand
• Restricting brand usage to only the ASF:
• Supports project independence (from corporate influence) and
• Encourages diverse volunteer contributor participation
http://community.apache.org/projectIndependence
HOWTO USE APACHE BRANDS
SOFTWARE PRODUCTS
• If you have your own software that works in conjunction with Apache software, you must
have a separate brand name for your software
• May then add the full “Apache Foo” name to clarify the relationship of your software to
ours, no explicit permission needed using these specific forms
• Ono-Sendai Console, Powered By Apache Steve
• Yoyodyne Accelerator For Apache CloudStack
• VodaCoder Hadoop Accelerator - Not OK!
• Apache Hadoop Nokion App - Not OK!
• May not use official Apache project graphics/logos as part of your brand; a “Powered By
Apache” banded logo may be used to supplement your brand logo
http://www.apache.org/foundation/marks/faq/#products
SERVICES / HOSTING
• If you provide services in conjunction with ASF-generated software,
you must have a separate brand name for your services
• You may then add the “Apache Foo” name as applicable to refer to
the actual Apache Foo software itself
• Your branding must not imply that you provide exclusive or Apache-
endorsed support, training, consulting, hosting, customizations, etc.
• You may use Apache project graphics/logos as a secondary
branding, subsidiary to your own primary logo for your services.
EVENTS & SWAG
• If you sponsor or run events related to Apache projects, you may use the project brand in
certain specific ways, with permission
• The primary brand for your event may include the project name, without the “Apache”
prefix, eg. Hadoop Summit
• Must have an “About Apache Hadoop” link on event website
• Must include educational content about Apache Hadoop
• Allow PMC members on selection committee
• Individual PMCs may give permissions for use of their own project brand for events/
giveaway swag (eg.T-shirts, pens, stickers, etc.)
• Detailed policy How-To in link below
http://www.apache.org/foundation/marks/events
MARKETING WITH APACHE BRANDS
• Always use the full “Apache Mesos” name
• Apache is vendor-neutral
• Don't imply ownership or control of an Apache product
• No superlatives related to an Apache project
• No corporate affiliation or endorsement implied
• Frown on “employ the most PMC members”
• Give credit to the project community
• Ensure users understand every Apache project is independently governed
http://community.apache.org/projectIndependence
INTHE INCUBATOR
• ThankYou!
• We very much appreciate all those who choose to donate their projects to
the Apache Incubator as new podling ideas
• Branding, trademarks, and code are all required parts of donation
• Apache Incubation process is about teaching the new “Podling” what the
Apache Way is, and building an independent community
• Podlings and Apache Projects are part of the ASF
• Donor companies have no claim to affiliation, endorsement, or control after a
Podling is accepted into the Incubator
http://incubator.apache.org/
HOWTO SUPPORT APACHE PROJECTS
HOWTO SHOW SUPPORT
• Use Apache software products - and let people know
• Donate code / projects to Apache
• Donate employee time for coders & non-coders on projects:
documentation, testing, other skills
• Participate actively in events
• Sponsor and organize events: Lucene Revolution, Hadoop
World, MesosCon
DONATING EMPLOYEETIME
• Their participation in the ASF project is governed by the PMC and
the Apache Way, independent of your corporate reporting structure
• Merit is gained by individuals, independent of affiliation
• Your employees must understand appropriate behavior (project-
specific procedures and practices) within Apache project(s)
• Project work must be discussed on Apache project public mailing
lists, not internal company emails
• Proprietary company work must be done outside the Apache project
EMPLOYEE SKILL GROWTH
• Ensure your management allows employees sufficient time to participate in
projects appropriately
• Understand which “hat” employees are wearing
• Think about what pressures you put on employees, and understand you need
to allow them to behave with Apache hats (for their benefit and yours)
• Collaborative decision making, collaboration seeking, and working across
disparate/distributed teams – these are all key skills your employees will gain
and can bring back
• Open source is eating the world – and employees want those skills
OOPS! WE DIDN’T FOLLOWTHE POLICY?
Sorry, what happens now?
BRAND ENFORCEMENT
• Misunderstandings happen despite the best intentions. If there is a
suspected trademark infringement, it will be addressed:
• Private requests, from PMC members orVP, Brand Management
• Social pressure & press
• Removal from PMC & project(s)
• Legal action, by pro bono counsel, DLAPiper (global IP law firm)
• Don't let it get there! Ask us first
http://www.apache.org/foundation/marks/reporting
THANKYOU / RESOURCES
THANKYOU
• Thank you to companies who respect Apache brands
• Thanks to all Apache Members
• Thanks to all Apache committers and PMCs
• Thanks to members of ApacheTrademarks Committee
• Thanks to DLAPiper counsel: Mark Radcliffe, Nikkya Williams, Carol
Anne Bashir
TRADEMARK RESOURCES
• Formal policy for third party use
http://www.apache.org/foundation/marks/
• Third party requesting permission for events
http://www.apache.org/foundation/marks/events
• Third party requesting permission for domain names
http://www.apache.org/foundation/marks/domains
• All other questions
http://www.apache.org/foundation/marks/contact
QUESTIONS?
Please feel free to find Shane with any questions this week!
Or, Look for the Ask Me! Buttons, and just ask!
<trademarks@apache.org>
@ShaneCurcuru
http://communityovercode.com/
@SHANECURCURU
VP, Brand Management,ASF
http://communityovercode.com/
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 content of the NOTICE file.

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Profiting From Apache Brands Without Losing Your Soul

  • 1. PROFITING FROM APACHE® BRANDS WITHOUT LOSINGYOUR SOUL Shane Curcuru Vice President, Brand Management The Apache Software Foundation
  • 2. INTRODUCTION • Shane Curcuru -VP, Brand Management,The Apache Software Foundation • Volunteer, appointed by Apache Board of Directors • Define trademark policy for all 200+ Apache projects • Provide trademark support for projects • Involved at Apache since 1999 • Not a lawyer • Questions? <trademarks@apache.org>
  • 3. TOPICS • What is Apache? • What is the Apache brand? • How to use Apache project brands • How to support Apache projects • What happens when things go wrong: • Apache trademark enforcement • Q&A / Resources
  • 4. WHAT ISTHE APACHE SOFTWARE FOUNDATION?
  • 5. STRUCTURE • US 501(c)(3) membership corporation and public charity (tax exempt) • Corporate Sponsorship program + individual donors = 100% funding • ~1 million USD annual budget • ASF provides core services to all Apache projects • Sysadmin contractors, Services, Hardware/Bandwidth • Publicity; Events; Brand; Legal; Travel Assistance • Pro bono counsel by DLAPiper, global IP law firm • 167+ Apache projects + 40+ Incubator podlings http://www.apache.org/foundation/sponsorship
  • 6. GOVERNANCE • 9 member Board of Directors • Elected from/by individual members (no corporate participation) • Board appoints executive/project officers • Set Apache-wide policy: legal, brand, infra, press, etc. • Board createsVPs & PMCs to manage projects • PMCs are run independently by merit-based volunteers • PMCs determine technical direction, vote on all releases • All governance positions are individual volunteers http://www.apache.org/foundation/governance/
  • 7. GOALS • Apache is a non-profit, public charity • Our Mission: provide software for the public good • Our Method: provide stable, independent home for like- minded, diverse project communities • Our Goal: Ensure Foundation exists for next 50 years
  • 9. THE APACHE BRAND • Apache ® software projects share these elements: • Pragmatic and permissive Apache license • Always free to download • Participation in projects based on merit • Openly developed software • Independent project governance • APACHE is our house brand for community built software • APACHE is a registered trademark of the ASF http://community.apache.org/projectIndependence
  • 10. PROJECT BRANDS • All projects share a common Apache Way of working • Our secret sauce: community and development methodologies • Every PMC defines their project's brand independently, so actual Apache project brands may differ in style • “Apache” must precede all project names (eg,Apache Lucene®, Apache Spark™,Apache Sqoop™, etc.) • All Apache project/product names are trademarks, owned by the ASF on behalf of the individual projects
  • 11. TRADEMARK POLICY • Applies to all Apache project brands, with flexibility for individual projects to make own decisions • Protects both primary Apache goods (software products) and secondary Apache goods (software services, basic support) • Goals are to maintain good reputation and encourage new contributors to all our projects • The ASF holds a mix of registered and common law marks: • HADOOP, LUCENE, OPENOFFICE and others are registered trademarks in the US, EU, and/or other countries • Apache Sqoop and Apache Zookeeper are unregistered trademarks http://www.apache.org/foundation/marks/
  • 12. BRAND USAGE GOALS • ASF project brands are for use by the Apache community only: • Individual contributors do not own the brand • Companies that contribute money or their employees' time do not own the brand • Restricting brand usage to only the ASF: • Supports project independence (from corporate influence) and • Encourages diverse volunteer contributor participation http://community.apache.org/projectIndependence
  • 14. SOFTWARE PRODUCTS • If you have your own software that works in conjunction with Apache software, you must have a separate brand name for your software • May then add the full “Apache Foo” name to clarify the relationship of your software to ours, no explicit permission needed using these specific forms • Ono-Sendai Console, Powered By Apache Steve • Yoyodyne Accelerator For Apache CloudStack • VodaCoder Hadoop Accelerator - Not OK! • Apache Hadoop Nokion App - Not OK! • May not use official Apache project graphics/logos as part of your brand; a “Powered By Apache” banded logo may be used to supplement your brand logo http://www.apache.org/foundation/marks/faq/#products
  • 15. SERVICES / HOSTING • If you provide services in conjunction with ASF-generated software, you must have a separate brand name for your services • You may then add the “Apache Foo” name as applicable to refer to the actual Apache Foo software itself • Your branding must not imply that you provide exclusive or Apache- endorsed support, training, consulting, hosting, customizations, etc. • You may use Apache project graphics/logos as a secondary branding, subsidiary to your own primary logo for your services.
  • 16. EVENTS & SWAG • If you sponsor or run events related to Apache projects, you may use the project brand in certain specific ways, with permission • The primary brand for your event may include the project name, without the “Apache” prefix, eg. Hadoop Summit • Must have an “About Apache Hadoop” link on event website • Must include educational content about Apache Hadoop • Allow PMC members on selection committee • Individual PMCs may give permissions for use of their own project brand for events/ giveaway swag (eg.T-shirts, pens, stickers, etc.) • Detailed policy How-To in link below http://www.apache.org/foundation/marks/events
  • 17. MARKETING WITH APACHE BRANDS • Always use the full “Apache Mesos” name • Apache is vendor-neutral • Don't imply ownership or control of an Apache product • No superlatives related to an Apache project • No corporate affiliation or endorsement implied • Frown on “employ the most PMC members” • Give credit to the project community • Ensure users understand every Apache project is independently governed http://community.apache.org/projectIndependence
  • 18. INTHE INCUBATOR • ThankYou! • We very much appreciate all those who choose to donate their projects to the Apache Incubator as new podling ideas • Branding, trademarks, and code are all required parts of donation • Apache Incubation process is about teaching the new “Podling” what the Apache Way is, and building an independent community • Podlings and Apache Projects are part of the ASF • Donor companies have no claim to affiliation, endorsement, or control after a Podling is accepted into the Incubator http://incubator.apache.org/
  • 20. HOWTO SHOW SUPPORT • Use Apache software products - and let people know • Donate code / projects to Apache • Donate employee time for coders & non-coders on projects: documentation, testing, other skills • Participate actively in events • Sponsor and organize events: Lucene Revolution, Hadoop World, MesosCon
  • 21. DONATING EMPLOYEETIME • Their participation in the ASF project is governed by the PMC and the Apache Way, independent of your corporate reporting structure • Merit is gained by individuals, independent of affiliation • Your employees must understand appropriate behavior (project- specific procedures and practices) within Apache project(s) • Project work must be discussed on Apache project public mailing lists, not internal company emails • Proprietary company work must be done outside the Apache project
  • 22. EMPLOYEE SKILL GROWTH • Ensure your management allows employees sufficient time to participate in projects appropriately • Understand which “hat” employees are wearing • Think about what pressures you put on employees, and understand you need to allow them to behave with Apache hats (for their benefit and yours) • Collaborative decision making, collaboration seeking, and working across disparate/distributed teams – these are all key skills your employees will gain and can bring back • Open source is eating the world – and employees want those skills
  • 23. OOPS! WE DIDN’T FOLLOWTHE POLICY? Sorry, what happens now?
  • 24. BRAND ENFORCEMENT • Misunderstandings happen despite the best intentions. If there is a suspected trademark infringement, it will be addressed: • Private requests, from PMC members orVP, Brand Management • Social pressure & press • Removal from PMC & project(s) • Legal action, by pro bono counsel, DLAPiper (global IP law firm) • Don't let it get there! Ask us first http://www.apache.org/foundation/marks/reporting
  • 26. THANKYOU • Thank you to companies who respect Apache brands • Thanks to all Apache Members • Thanks to all Apache committers and PMCs • Thanks to members of ApacheTrademarks Committee • Thanks to DLAPiper counsel: Mark Radcliffe, Nikkya Williams, Carol Anne Bashir
  • 27. TRADEMARK RESOURCES • Formal policy for third party use http://www.apache.org/foundation/marks/ • Third party requesting permission for events http://www.apache.org/foundation/marks/events • Third party requesting permission for domain names http://www.apache.org/foundation/marks/domains • All other questions http://www.apache.org/foundation/marks/contact
  • 28. QUESTIONS? Please feel free to find Shane with any questions this week! Or, Look for the Ask Me! Buttons, and just ask! <trademarks@apache.org> @ShaneCurcuru http://communityovercode.com/
  • 30. 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 content of the NOTICE file.