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Re: [jakarta.ee-spec.committee] [External] : Updating CompatibleImplementation brands
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Hi All,
while all is going well with the approach outlined in this
thread, I wanted to share an email write up on this topic that was
shared in Jakarta EE Steering Committee
<jakarta.ee-steering@xxxxxxxxxxx> mailing list, so not
everyone from the Specification Committee is aware of the email.
In the Draft 2021 Jakarta EE Program Plan - by quarter on Slide 7, bulletin point:
Use of Jakarta EE Specification names must comply with the Eclipse Foundation Trademark Usage Guidelines, as supplemented by the Jakarta EE Trademark Guidelines. It is important to note that the Jakarta EE guidelines cannot override or contradict the Eclipse Foundation guidelines. The Eclipse Foundation guidelines are a Board-approved document that is amended only upon the advice of the Intellectual Property Advisory Committee of the Board
Jakarta EE specification projects are Eclipse Foundation projects, and their names fall under the guidelines for Eclipse projects, which state in part:
You must not incorporate the name of an Eclipse project, nickname or acronym into the name of your company or software product name. If you have a software product that works with an Eclipse project, you may use phrases such as '<product name> for <Eclipse project name>' or '<product name>, <Eclipse project name> Edition'.
The examples in the second sentence above are to allow what lawyers refer to as “nominative fair use” and, by law, cannot be prevented. So any product or project (including ones hosted at the Eclipse Foundation) can use a name consistent with nominative fair use.
The trademark guidelines also state elsewhere that any use of working group names and logos is not permitted.
Therefore, the guidance on “...how or if an implementation can use the Specification name in its brand...” is simple and straightforward: they cannot. Any implementations must use a different name, or a name compliant with nominative fair use.
Hope this helps!
Thanks,
Tanja
On 2021-02-03 7:20 a.m., Werner Keil
wrote:
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Tanja Obradovic
Jakarta EE Program Manager | Eclipse Foundation, Inc.
Twitter: @TanjaEclipse
Eclipse Foundation: The Platform for Open Innovation and Collaboration
