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This was extracted (@ 2017-09-21 15:10) from a list of minutes which have been approved by the Board.
Please Note The Board typically approves the minutes of the previous meeting at the beginning of every Board meeting; therefore, the list below does not normally contain details from the minutes of the most recent Board meeting.

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Brand Management

16 Aug 2017




A quiet month in terms of specific trademarks@ questions, although there are
still some open questions to address.  We still have not succeeded in
attracting sufficient (or much at all, really) new volunteer energy or
assistance in answering questions.

Website Analytics show an average of about 120 users per day, the vast
majority from direct URLs, not from links or referrals.


A *very* busy month in terms of registration renewals and other legal
paperwork related to registrations (more than a dozen issues), including
several questions involving counsel about specific agreements around
individual project marks.

One bit of good news is our opposition to a conflicting FLEX mark in the EU
was successful, with the other party deleting conflicting claims.

19 Jul 2017




Surprisingly quiet month overall, fewer than normal incoming questions.
Issues with some podlings approaching graduation without completing
PODLINGNAMESEARCH processes were raised, and hopefully the IPMC will be
working to ensure the incubating policies are clear and easy to follow.
Thanks to John D. Ament for starting work on this.

Worked with counsel to review a podling's trademark transfer agreement.

Held a call with a large company to clarify a serious trademark request we
had previously made to them, with a good conclusion.

Website Analytics show that while the /foundation/marks page is the most often
visited, the /list page of all trademarks is the second most visited page,
surprisingly.  Not enough data yet to see other notable trends, other than a
fairly low number of hits overall.

Thanks in general to the Accumulo, JMeter, and OFBiz PMCs who have each been
doing a good job of managing some brand questions on their own recently.


IMPALA's incoming transferred registration in Brazil was issued.

A large number of renewals are coming up over the next 6 months, including
many international registrations (which are notably more expensive to renew,

21 Jun 2017




Presented the popular Practical Trademark Law for FOSS Projects at ApacheCon
Miami which drew some great questions; similarly the curated Apache Way track
by a number of different speakers went amazingly well and got lots of
questions throughout the day.


Using automation from Whimsy, published a comprehensive list of both
registered and unregistered trademarks claimed by the ASF, including all
software releases that projects have created DOAP files from:


Implemented Analytics with a vp-brand@ account for the /foundation/marks/*
portion of the apache.org website, so we can better focus improvement efforts
on how users are actually reading the documentation.

Thanks to Mark Thomas for continuing to provide great answers to a variety of
questions and for doing an excellent job with all issues around the Tomcat


Finalized registration paperwork relating to the incoming IMPALA and BROOKLYN
trademarks, both donated during incubation.

Continuing to work through legal issues related to registrations for two

17 May 2017 [Marvin Humphrey / Ted]




A somewhat quiet month leading up to ApacheCon.

Promoted the merchandising policy approved - there is clearly interest in a
variety of places for using Apache brands on non-computer swag:


Thanks to Mark Thomas for the new private BRAND JIRA instance, which we have
not quite started using.

Media queries (i.e. to use our brands in television, movies, and the like)
were received for Tomcat and OpenOffice and approved.

Several new members have joined trademarks@ recently, which is great; however
sadly there is still very little feedback to policy change proposals, like one
Rich brought forth for events.


A large number of international registrations are coming up for renewal with
some project(s), in many cases with additional and more complex costs.  We
will work with the relevant PMC(s) to discuss which registrations are cost
effective to renew.

Held a telecon with a commercial company where a potential conflict existed,
and came to a satisfactory verbal agreement that allows a peaceful

No report was submitted.

19 Apr 2017


Thanks to the board for last month's resolution and a focus on the future.


A mixed month, in that while a couple of projects had good discussions about
handling reported issues themselves, it's also clear that some projects are
not aware of some obvious and well-linked-to documentation.  Ensuring enough
of our PMCs are aware of ASF-wide policies continues to be an issue.

I'll ask one last time for any feedback on proposed policy updates

- Services naming policy: https://www.apache.org/foundation/marks/services

- Merchandise use policy: https://www.apache.org/foundation/marks/merchandise
(public) https://svn.apache.org/repos/private/committers/brand/merchandise.txt
(committer-only additional permissions)

While no changes have been made in event policies, the changing landscape of
major events run around some of our popular project communities means that we
will need to consider how better to serve both per-project events as well as
our own ApacheCon.  In particular, while more new events ask to use our
project's branding, two major events are transitioning away from using our


Counsel continues to work slowly through existing requests or responses.

Our CASSANDRA registration was issued in the US, a great success after a long
process to secure a simple consent agreement.

IMPALA marks a new record for incoming podling with the most pre-existing
registrations transferred to the ASF, covering applications or registrations
in 7 countries.

15 Mar 2017


Please see last month's Brand report and this month's President report.


Short and fairly quiet month.

Lacking any significant actionable feedback, I plan to clarify and ratify the
following two policies:

- Services naming policy: https://www.apache.org/foundation/marks/services

- Merchandise use policy: https://www.apache.org/foundation/marks/merchandise
(public) https://svn.apache.org/repos/private/committers/brand/merchandise.txt
(committer-only additional permissions)

A proposal to encourage (rather than prohibit) "Apache" in third party event
branding has been brought up.  As with the draft proposals above,
disappointingly little (none, so far on events) feedback has appeared.
Similarly, a call to members@ soliciting questions about Apache brands met
with resounding silence.  Will try one more time - hoping the activity around
the member's meeting helps.


Still working through some complex feedback from counsel on potential issues
with registration applications.  Balancing the needs and requests of various
PMCs with limited in-house expertise and budget for counsel continues to take

A proposal for a new method of tax-deductible fundraising by licensing brands
was forwarded to fundraising@; the process is likely to take a while to come
to fruition (or to be decided against, perhaps).

27 Feb 2017


As noted in last month's report, we await ratification by the board as to the
status of brand policy and unresolved questions thereon (issue continued from
last month).  As directed by the President, I am prioritizing available
efforts on projects and podlings that are clearly and actively accepting of
the relationship with brand policy.


Slightly slower month than usual on crises and questions, which let us spend
some time focusing on adding to the documentation.

Two draft proposals are awaiting more feedback:

- Services naming policy: https://www.apache.org/foundation/marks/services

- Merchandise use policy:
https://www.apache.org/foundation/marks/merchandise (public)
(committer-only additional permissions)

A proposal to encourage (rather than prohibit) "Apache" in third party event
branding has been brought up.  As with the draft proposals above,
disappointingly little (none, so far on events) feedback has appeared.
Similarly, a call to members@ soliciting questions about Apache brands met
with resounding silence.

Met with trademark counsel to improve operations around registration
processing and timelines and to bring new counsel on our account up to speed
on our objectives.


Several project registration requests have gotten change suggestions from
counsel to better provide the best chance at registration without conflicts or
office actions.  I don't know yet if this is a trend at the USPTO or just a
factor of some specific project names that are more common words being

New applications for COUCHDB, MESOS, and BIGTOP have been submitted.

We responded to an overly-broad potential conflict on our TEZ application made
by an overzealous examiner.

18 Jan 2017


As noted in last month's report, we await ratification by the board as to the
status of brand policy and unresolved questions thereon (as is amply reflected
in mailing list archives).

Separately, it is clear we lack the volunteer time to respond to questions
from outside parties and PMCs with either the timeliness, or the consistent
and knowledgeable answers and assistance that our projects and contributors
deserve.  I do not have a solution to this long-term issue other than the
documentation already provided, so I look to President and the board as a
whole to help brainstorm.

In particular, while we have detailed documentation and education on a wide
variety of trademark related questions, it is clear from recent experience
that what's provided is not sufficient to better educate our project
communities and our Membership.


Issues and questions are far behind normal answers given the long,
contentious, and confusing threads about all of brand policy (or lack
thereof).  Attempting to answer Member questions, deal with the harsh
rhetoric, and providing additional explanations for brand activities sucked up
virtually all available volunteer time over the past month.

Additional documentation was created in response to questions, including
listings of both selected known trademark issues requiring evaluation, as well
as a listing of known cases where non
detailed overview of all existing brand documentation:


I co-presented "Trademarks In Open Source" at the Practising Law Institute
legal education conference, which was very well received.


Signed updated event contract for a major Hadoop-related conference.

Our CASSANDRA application in the US has published for opposition.

Several requests are still in process at various stages.


- Shane https://www.apache.org/foundation/marks/resources

21 Dec 2016


Please see the president's report.  In particular, a clear ratification
by the board if the existing policy documents posted on the website are
correct or not.  While PMCs report to the board, my expectation is that
the brand policies are required policies by PMCs, and that the board
will take action to work with PMCs repeatedly refusing to follow them.
If there are specific policies that the board wishes to change to
guidelines, that would be fine.  If the board votes to change all brand
policies to be non-required, well... I'm not sure what other work there
would be for Brand Management to do.


Also, please see the brand request in the President's submitted budget.


trademarks@ requests and questions both internally and externally; and
discussions from PMCs and Members, continues to grow beyond the capacity
of the few regularly participating Brand Management Committee members to
respond to.  Our current volunteer pool and resources are insufficient
to continue to be able to provide sufficient services for projects
requesting help or registrations.

I do not have a current solution for this, so over the next quarter will
work with the President to look for improvements or additional proposals
to the board.

To address some of the questions from the many discussion threads about
brand processes and details of specific issues, I have published some
additional information for review by the board and any interested
Members or committers.


The IMPALA registrations have been donated to the ASF.

Our HADOOP application in India has been published for opposition; this
is the last step before the registration will actually issue.

Our APACHE registration has finally issued in Brazil.

Several requests are still in process at various stages.

16 Nov 2016

* ISSUE FOR THE BOARD: Budget overrun.

* OTHER OPERATIONS: Very busy; more issues arise than we have volunteers able
 to provide useful answers.


Brand is currently overspending compared to the last board-approved annual
budget, both in the short term, and for the foreseeable future given known and
likely requests from projects and podlings.

There are two factors that have almost completely hidden the true cost of
brand from us before quite recently, meaning that most expectations in the
past of what we get vs. what we pay were unrealistic:

1- Originally, counsel provided essentially all services pro bono, only
passing on actual registration application fees.  In mid-2015, counsel move us
to a new retainer which charges for services at a discount rate, and generally
ensures a flat cap of $5K per month for legal services to limit our budget
exposure.  Note that this also seems to limit the rate at which some work is
accomplished as well.

2- Due to a billing error, 5 months of past bills were never sent until just
this month.  Thus we have an additional $18k due this month for services
rendered in the past; however once this is covered future bills should be much
more even.

To provide services that projects and podlings are asking for, an estimated
monthly run rate is $6K/month.  This accounts for $5K of services from primary
counsel monthly, plus the occasional registration application fees; plus the
rare fees from outside counsel where primary counsel aren't able to directly
represent us.


Along with the extra discussions spilling over about two major projects the
board has shown concern over in the recent past, a wide variety of questions
continues to come into trademarks@ from both our projects and outside parties.
Providing timely, polite, and correct answers or guidance to all requests is
no longer something sustainable with volunteers.

While some of these questions are mostly answered by existing documentation,
it's clear that the documentation isn't widely known.  Separately, many of
these questions are not covered by documentation, and we don't always have
volunteers who can provide consistent, clear, and appropriate answers.  Unlike
with code checkins, providing an incorrect answer sometimes results in bad
results that *cannot* easily be corrected.

To ensure at least our "how to deal with an infringement" documentation is
usable, we are working on an experiment with the Hadoop PMC to have them use
the docs (and ask questions/suggest improvements) to start contacting some of
the existing misuses of their brand.


I will be presenting at ApacheCon Seville on three topics:

- Improving your Apache Project's Image and Brand
- Practical Trademark Law For FOSS Projects
- Successfully Profiting From Apache Projects And Brands

All slides will be posted on our resources page after the conference:



Still finalizing conference branding contract, will be signed as soon as it
reflects our current v1.3 Event branding policy.

Registration applications are in process per request from Hadoop, Hive,
Bigtop, and Tez PMCs in the US and Tomcat PMC for international jurisdictions.

- Shane

19 Oct 2016

Travel, the school year, and preparing for upcoming talks have led to less
progress on brand answers and policy improvements than I hoped, although Mark
Thomas has done an excellent job in several areas both answering questions and
helping to analyze issues, including some ideas for improving operations in
the longer term.  I hope to have some plans documented by ApacheCon, although
finding the a workable and sustainable solution to protecting Apache brands
will be a long-term effort that will require more help.

I will be presenting "Practical Trademark Law for FOSS Projects" at All Things
Open, based largely on experiences with Apache projects dealing with third
party uses.  I will also be presenting several trademark-related talks at
ApacheCon in Seville, Spain.  Separately, I have been invited to speak at a
law conference on open source trademark matters.

One question about registered trademarks did come up that needs clarification:
PMCs are responsible for policing notable use of their project trademarks in
the same manner whether their trademarks are registered or not.  The ASF
treats all Apache project names and logos as trademarks of the Foundation.

Two PMCs with strong brands have been actively working on addressing some
trademark issues, which is great to see the attention and care.  Unfortunately
the number of times that PMC members either disagree on actions to take or
have misconceptions about how trademark policies work means that there is
still a lot of back and forth with trademarks on many of the issues.

The Domain Name Policy is being updated to prohibit the use of Apache project
names as second level or similar style domain names when used for content
related to potentially similar software products or services to that Apache
project.  It's clear from review that we will need to publicize this more
widely to ensure PMCs are aware of it.

A major non-English website and long-running conference using one of our
registered trademarks was brought to trademarks@ and will need to be
addressed.  Given the popularity of the project, it's disappointing that this
website was never reported before now.  There is also little apparent interest
from the PMC to work on addressing it.

I am negotiating an contract update to continue licensing a project's
registered mark for a recurring conference.

21 Sep 2016

Interesting and complex questions continue on trademarks@ apace.  The growth
of both projects/podlings, the major vendors that use them (and sometimes
abuse them) continues to outstrip our small amount of volunteer energy
available to properly address them.

The trend is clear that we are not able to provide the level of brand
management expertise to all Apache projects that is asked for.  Separately,
it's clear from spot checks that some projects are not doing as thorough a job
of branding or trademark enforcement as we would expect to maintain the
expected Apache-style long-term independent community governance with new and
diverse contributors.

A number of attempts over the past two years to draw in new skilled volunteers
has resulted in but one volunteer with the consistency, experience, and
levelheaded-ness to be a regular advisor or driver of branding issues.
Similarly, it appears that we are over capacity of our legal counsel given our
limited budget and our monthly discount fee agreement, even only accounting
for the most basic of PMC-requested services.

Mark Thomas has started work on improving our event branding policy,
especially with respect to ensuring that Apache branded events don't unduly
conflict with our own ApacheCon conferences.

Interesting trademarks@ discussions this month:

- Are favicons part of a project brand? In general, yes they are.
- Several merchandising requests, both permissions and to buy.
- Numerous discussions about Apache Spark, OpenOffice, and OFBiz marks.
- Offer to sell us a projectname.nyc domain name, refused.

- Shane

17 Aug 2016

Complex questions and heated discussion threads continue to pour through
trademarks@ from a variety of PMCs and outside parties alike.  Even accounting
for the slowdown of responses during many recent summer vacations, the trend
of notable issues requiring thoughtful and knowledgeable responses continues
to grow faster than the number of volunteers providing regular and productive

A PMC with a popular project is requesting international registrations in
European Union, Japan, and India for their project name, and have supplied a
detailed and well-thought-out rationale for the expense and effort for the
additional registrations (a US application is in process already).  Notably, a
company working in this space has volunteered to help cover the legal costs of
the registration in a way that properly respects our fundraising policies.

While there are outstanding issues relating to the PMC's work on policing
third party uses of their brand, I support the additional registrations and
hope to work with operations@ on an appropriate way to secure greater rights
for the ASF while minimizing our actual expenses.  Unfortunately the
discussion on the PMC's progress became more heated and widespread than I
thought would be productive.

Several trademark policy improvements are being proposed to better clarify
allowable third party uses, in response to both existing projects as well as
an incubating project's questions about ability to allow the project donor to
continue using the brand.  The policy for incoming names will be clarified to
ensure it's clear that when donating a software product brand or trademark, it
must be fully donated to the ASF, and the original donor does not retain any
special rights.  For cases where the original donor still has questions, the
best advice will be for the podling to choose a new, unique name that the ASF
can fully own.

20 Jul 2016

# Strategic Planning

As more projects express interest in trademarks and more uses thereof (in
certifications, services, transfers to or from third parties, etc.) the
variety of kinds of questions coming to trademarks@ continues to grow.  While
we have basic documentation, it's clear that a solid understanding of how open
source trademarks work in the software vendor world is still lacking among
most PMCs and Members.

Long term, finding much better ways to provide better branding and trademark
support to our projects will be critical, both for our many big data projects
(due to the extremely competitive market and pressures from for-profit
vendors) and for the Foundation's reputation as a vendor-neutral and
independently led home for project communities.  In my mind, this is our
second most important issue to solve, after the question of hiring sufficient
operational and infrastructure staff to ensure that our core services are
managed appropriately.

# Operations

Summer vacation and home contractors have slowed response times.  A number of
other project and Branding Committee members are providing some feedback and
thoughtful commentary on some issues, but it's still very spotty.  In
particular, one project with past issues has been providing some very
thoughtful and helpful comments and questions, which is great progress.

# Registrations

Cloudera has assigned the IMPALA mark with a number of international
registrations and applications to the ASF for the podling's use.

Another open source foundation has denied our request to use the trademark for
one of their projects recently forked to an Apache project.  While this is one
of the rare cases where it could be appropriate to transfer the trademark -
they have stopped development of the project and it's an amicable fork - we
will abide by their request (and I'll ensure the PMC does so).

Our ACCUMULO and TAJO registrations in the US have completed, and our TAJO
application was published in the USPTO Gazette, the final step to being

Our assumed applications for a recently graduated podling are being opposed,
and we're working with counsel on the most effective way to secure sufficient
registration(s) for our purposes.

- Shane

15 Jun 2016

# Operations

A number of project-related discussions spilled across trademarks@ this past
month, with complaints about either vendor use of project brands or PMC
handling of the situations; Spark and Cassandra both were major sources of
discussion and action by members, the PMCs, and the board.

The good news is that this shows a wider variety of individuals are looking at
and raising issues that affect how our project brands and the Apache brand are
used (or mis-used).  We've long needed to have more Members and project
contributors looking for and bringing up these issues.

The not as good news is the way that these issues have been raised, as well as
in some cases how the PMC has responded.  The trouble with branding mis-uses
is that many project participants don't pay attention until they happen to see
something that REALLY UPSETS THEM!  Thus we historically have plenty of times
with no reports, and then suddenly a project contributor or ASF Member RAISES
THIS HUGE ISSUE THAT MUST BE DEALT WITH.  Since branding issues are not as
clear cut as compiler errors, this often results in an imprecise call to
action that is sometimes taken in the wrong spirit by the receiving PMC,
resulting in a lot of unfortunate noise and anger.

Separately, one PMC did not appear to take recent complaints seriously enough,
to the point where the board required a new project report and discussed some
very serious potential future consequences.  This not as good news calls for
better behavior in three kinds of situations:

1- If you see an Apache project branding mis-use, say something - in a polite,
specific, and actionable way.  We have guides for this.  Branding issues need
to be as specific as possible, to ensure we can request concrete steps by the
mis-user to correct them.  In particular, assuming ignorance rather than
malice, and raising issues in a positive way really help to reduce
miscommunications and arguments about details.


2- It's clear that not all PMCs fully understand and/or regularly pay
attention to their project's branding issues.  Detailed procedures exist, but
ensuring that PMCs are truly taking things like Project Independence to heart
in their day to day actions - as well as in the public uses of their brand by
vendors in the ecosystem - is something we still need to work on.  Branding
issues are far easier to solve the earlier they are reported, and PMCs need to
fully ensure the appearance of independent governance for their projects:


3- While we are a volunteer-led organization that allows individual project
participants broad responsibility and ability to direct their own project's
affairs, we are still a single Foundation with documented governance and
required policies.  It should not take a director bringing up serious
consequences to a PMC to have the PMC take credible reports of brand mis-uses
seriously, and to take positive action on specific issues immediately.

# Registrations

After some great progress on a few legal related issues, several new issues
have come up and some past ones seem stalled.  It's clear I'll need to work on
more time as VP to keep the legal & application process side of the house on
track.  This needs more investigation to see if it's related to our current
counsel billing process and budget.

OFBIZ is now our registered trademark in the US.  We have applied for US
registrations for TEZ and FLINK.  Several other projects have expressed
interest in US registrations, including one or two logo registrations.

# Organizational Note

For the record, I have been laid off from my employer, and am now formally
unaffiliated.  This does not change my view on the VP, Brand Management
position, which has always been that the good of the Foundation as a whole
comes first.

18 May 2016

## Board Issues (overview, more below):

- DLAPiper submitted bill for $16K+, which will be re-billed at $5K/month
instead; however project-requested expenses are significant.

- Couple of significant cases where PMCs are clearly not effectively policing
or noticing mis-uses of their brand.

## Operations:

Wide variety of questions as well as some good discussions on trademarks@
about a few of the issues.  Still hoping for some substantive comments on the
self-help/reporting guidelines as well as the brand usage guidelines.


Added Mark Thomas to the Brand Management President's committee.

Spoke and/or led sessions on branding issues and Apache project branding
policies & tips at ApacheCon, Community Leadership Summit, and at OSCON.
Feedback was positive; it's clear the larger ecosystem of FOSS developers
still needs a lot of education on trademark issues.  Have been requested to
give similar talks at two future conferences.

## Registrations:

After a quiet period, counsel took action on a number of registration
applications, as well as responded on our behalf to several office actions and
other registration issues with our applications as well as two competing
registration applications from a third party.  This was great to move through
some of our backlog of requests; however it also resulted in many hours of
work (which are billed at a discount).

Have a couple more projects requesting registration in US and elsewhere that
are still to be processed.

## Issue - Budgeting:

With the number of projects requesting registrations - both in the US and in
selected international cases - and the number of office actions or other legal
conflicts, counsel presented a $16K bill for the past month.  Our agreement
specifies a monthly limit, however the full (discounted!) amount will still be
carried forward.

Given the interest from projects requesting registration once they understand
the value, I expect proportionally more projects over the next year will be
requesting registrations.  This is hard to predict how quickly it will build,
but will clearly be significantly more expense this coming FY than was
actually spent last FY.  The main drivers are 1) more projects being making
request, and 2) the new fee discount (instead of pro bono) that we have with

## Issue - PMC Policing / Independence:

While the self-help guides and process for policing project marks are much
improved, recent events show that the ability or even apparent interest by
PMCs to actually police their marks varies widely.  The fact that we have a
number of very "hot" projects these days while still seeing a relatively low
number of potential infringement issues coming to trademarks@ tends to point
to the fact that most PMCs aren't as active at reviewing third party use of
their brand(s) as expected.

We have what is becoming a very clear and detailed guide - but not nearly
enough PMCs or committers are actually following it.  Unless we can get
communities engaged in this work, we should expect to see more issues like the
two notable project questions that came up recently.

20 Apr 2016

Several significant brand issues reported this month which unfortunately show
that PMC awareness and capability to deal with trademark problems varies
widely.  In particular, the lack of timely response and thoughtful analysis in
two situations is disappointing, where issues that should have either been
dealt with, or at least attracted attention from the PMC still aren't

One of these involved a third party showing clear confusion as to the source
of our software product; instead of contacting the Apache project directly,
they had been contacting another software vendor with questions about our
software.  This specific case is not the real issue; the real issue is
ensuring that PMCs as a whole can consistently and fairly act to police their
brands, especially when PMC members work for the vendors potentially causing

To help ensure guidelines are sufficiently clear, I'm working on much more
detailed explanations as well as asking for reviews and feedback on
documentation on trademarks@.  In the spirit of self-service, proposed
template(s) for contacting third parties and guidelines for how to properly
refer to Apache project names are now published:

http://www.apache.org/foundation/marks/guide  (draft)

I would love to see more Member feedback on these over on trademarks@, as well
as thoughtful and specific suggestions for clarifying the Domain Name and
Event Name branding policies to ensure that PMCs can apply them more easily
and consistently.  To help test these guidelines, I will be using them to
contact a number of companies misusing our Hadoop brand in their software
products shortly.

Met with DLAPiper counsel to ensure they are addressing a number of
outstanding applications and legal questions, including a review of the
OpenOffice PMC's proposed repackaging license

Submitted formal trademark complaints to the Microsoft store in relation to
third party software using our OpenOffice registered trademarks.

At the request of PMCs: Renewed OPENOFFICE.ORG US registration; TOMCAT US
application was finalized; provided responses to USPTO office actions for
FLINK and PDFBOX applications.  Several US and international registrations are
preparing for applications.

16 Mar 2016

A host of personal emergencies and a variety of new, complex issues in the
past month mean that there's a backlog on making improvements to brand how-to
policies and procedures, but looking forward to newfound free time to make
progress shortly.

Created a BRAND private JIRA to track internal tasks and make it easier for
other trademarks committee members to productively review and work on

Unfortunately, a PMC sent a strongly worded infringement letter to a third
party who actually holds a registered trademark to their name locally.  We
were lucky in that this only resulted in the third party having their legal
counsel email us back with a polite "We're not infringing, here's why, please
go away" letter.  I'll need assistance reviewing the existing procedure and
improving it so it's easy to understand when PMCs may directly send
infringement letters, versus when they must work with the Trademarks

A lot of attention was brought to poor third party usage of our HADOOP® name
in places where nary an Apache® can be found.  Dealing with this effectively -
as long experience with some issues with the Hadoop PMC show - requires a much
more detailed naming guideline so that PMCs and third parties alike can have a
specific and dispassionate answer as to how often the Apache must be used
before the project name.  We could use more thoughtful feedback on trademarks@

Several PMC trademark registrations in the US and elsewhere, and a renewal are
outstanding, and will be processed (and billed by our counsel) in the next few

17 Feb 2016

Busier than usual month on trademarks@, but now have the time and organization
- and documentation improvements - to really improve our ability to respond to
basic questions, and to provide guidance and precedents for more complex

Approved several continuing events; the number of Apache projects with notable
annual conferences using our brands continues to grow strongly.

Hadoop PMC handled a number of details around proper references to their brand
by different vendors nicely.

Working with the AOO PMC to make formal trademark infringement complaints to
the Microsoft Store due to a vendor there misusing our OpenOffice marks.

Counsel is working on our backlog of registration requests; began applications
for TOMCAT internationally, TEZ, CASSANDRA, and MESOS.  KYLIN and SPARK
projects are preparing justifications for their international registrations.
KYLIN PMC also wishes to register their logo.

Awaiting assistance from operations@/treasurer@ to report past brand payments,
we have an additional invoice awaiting approval based on the report.

Shane has started a regular review of selected project homepages and brand
presentation, both as a way to help PMCs understand policies as well as to
suggest improvements for ways to help draw in new contributors.  Will be
posting regular updates on http://communityovercode.com/ throughout the year.

20 Jan 2016

Overall trademarks questions were down over the end of year holidays.  A
couple of PMC requests for registration are awaiting my time to complete
review and move forward, which I will catch up on this month.

A number of different individuals and organizations have asked to produce
t-shirts and similar goods featuring Apache project logos, so I plan to
publish a formal policy outlining requirements, and broadly allowing such use
for non-profit purposes by outside parties.

The USPTO has published our HBASE, CTAKES, PDFBOX,
MANIFOLDCF, and TOMCAT registrations in the gazette, which is the final step
before the official registrations are granted.

A registration by Oracle of OPENOFFICE.ORG has finally completed in India.

16 Dec 2015

A very wide variety of questions on trademarks, including many thoughtful
requests from proposed/new podlings for assistance on helping them vet their
incoming project names; great to see IPMC folks really connecting the dots
on this issue early on.  Also, kudos to Hadoop PMC for working on addressing
some third party issues recently.

Litographs, a t-shirt vendor we have a licensing agreement with is working on
getting more big data related Apache project logos and codes on their products.

I'm working on processing several trademark registration requests for projects.
Will work with President to submit one PMC's justification for spending on
their international registrations.

18 Nov 2015

I was invited to be a panel speaker on "Community Trademark Policies" at the
annual SFLC Law Conference [1] at Columbia Law School. The feedback there and
from other sessions at ApacheCon make it clear that the gap between how our
policies are supposed to work, and the actual knowledge of our policies - both
among lawyers and committers alike - is still wide.  This gap is not unique to
the ASF, but it does affect us differently from other software non-profits in
that we have hundreds of separate project communities and thousands of active
committers - all as volunteers.

The trademarks@ list was quieter than usual, although the complexity of issues
being brought up continues to grow.

A competing USPTO registration application for XSTREAM HADOOP [2] was
discovered, and the Hadoop PMC has requested that we have counsel work to
object to the application.

APACHE is now officially a registered trademark in Norway, reg # 284311.

[1] https://www.softwarefreedom.org/events/2015/sflc-fall-conference/

21 Oct 2015

Presented two updated brand education sessions at Apache:Big Data and
ApacheCon Core in Budapest.  Questions both at the sessions and in the halls
at the conference show that we still need to improve education for PMCs and
committers in Apache projects.

Published updated and annotated site map and resources for branding policy and
practices, as well as a trademark registration cost guideline.  Site map
includes links to brand-related education and presentations:


Signed non-exclusive, annual renewable licensing agreement with Litographs, a
garment, poster, and printed goods vendor for use of Apache project marks in
exchange for a percentage of royalties.  The detailed agreement uses similar
terms that we've provided to independent Member shops in the past, but can
serve as a solid model to better memorialize other requests from third parties
who wish to produce non-computer related goods promoting Apache communities
using Apache marks.

Working with the President, please see the Tomcat PMC's additional report
requesting authorization to use existing Brand budgeted funds to pay for
several international trademark registrations of their TOMCAT mark (which
we've already applied to register in the US).  I fully support the Tomcat
PMC's request.

Looking forward, we are still evaluating the Brand budget situation given the
unexpected loss of our pro bono counsel support.  It will take some time to
see what the expected monthly expenses for DLAPiper support will be given our
level of work and our discount structure.

16 Sep 2015

Operations proceeding normally.

The Mesos, Tomcat, and Spark projects have requested registrations both in the
US as well as internationally, including Europe and other jurisdictions.
Working with the PMCs to provide a justification to the board for the
registration fees, which are not able to be covered under the existing brand

Various PMC members requested clarifications as to how Apache marks should be
handled in various common software distribution or install channels, like
linux package managers and the like.

The Mesos project noted concern over several US registrations that will cause
problems for their requested application.

Registration application of HADOOP in India was provisionally denied; however
counsel believes we can overcome the issues at very minor cost and have the
registration granted.

19 Aug 2015

A quieter month than usual for requests, but running a little behind due to
summer vacation time.  Thanks as always to members helping to constructively
answer questions.

Secured agreements allowing registration applications of APACHE in Norway and
Australia to proceed.

Signed updated engagement letter with DLAPiper outlining their new cost
structure.  Operationally they will continue providing services we need,
however registration related items are no longer pro bono, but will be charged
at a discounted rate with a monthly cap to limit our expenses.

15 Jul 2015

Fielded a broader array of questions on trademarks@ this month, especially
some interesting questions from PMCs about registrations, appropriate logos
and conflicts, and a number of good discussions from PMCs about proper usage
of Apache marks by third parties.  Thanks to Mark Thomas among others for
helping to answer questions.

DLAPiper, for reasons unrelated to our work, can no longer provide pro bono
handling of our docket and new registrations (although they can continue to
serve as pro bono counsel for trademark questions).  They can offer us a flat
and discounted monthly rate to continue at the same level of docketing and
registration services, which I plan to continue with.  Other counsel were
approached to see if they could perform these services for our projects pro
bono or cheaper, but they report they are not able to.

17 Jun 2015

Fielded a very wide range of questions from projects and third parties alike
about branding policy and permissions.  Thanks to those members helping out on
trademarks@, especially folks surfacing questions from various private@project
lists for advice.

Several previously requested project registrations are currently on hold due
to administrative issues.

Approved the new names Apache: Big Data and ApacheCon: Core for the updated
ApacheCon branding used by LF.

Investigating a report that a notable contributor to Apache projects is being
threatened with legal action related to their use of our APACHE brand on their

20 May 2015

## Operations:

Higher than usual number of questions on trademarks@, including a number of
new kinds of questions; overall I view this as good because many new third
parties are asking questions based on our updated Contact Us page.

Resolved 3 PODLINGNAMESEARCHes, 4 new ones submitted.  As discussed at last
month's meeting, the Apache Orc pTLP creation did have a PODLINGNAMESEARCH,
which is something we need to more clearly document for future pTLPs to ensure
their PMCs understand any issues with their chosen names.

## Registrations:

At the request of the relevant PMCs, we submitted US registration applications
this month for: OFBiz.

Several other PMC registration requests are still coordinating getting all the
information needed reviewed by the PMC and to counsel.

Our HADOOP trademark registration application in Japan was finally granted.
The OPENOFFICE trademark registration application in Canada that was
originally begun by the prior owner has finally issued the formal

22 Apr 2015

## Budget: *Board action needed*

* BUDGET REQUEST INCREASE: += $2,425.00 on behalf of the well organized Tomcat
project who wishes to register their name as both a service mark in
the US, as well as a software product mark in the EU/CTM, India, and China.

Given the President's adjusted budget request for brand, the core budget
is only meant to (primarily) cover a US software product registration for any
TLP that requests one.  Thus I would like to increase the brand budget request
by +$2425 to meet the Tomcat PMC's request (which I support).

Separately, please FYI that due to a billing error, over $12K of legal
fees and outside counsel expenses incurred during 2014 was not actually
billed to the ASF until last month; apologies if this caused some confusion as
to the monthly brand expenses in the past.

## Operations:

Gave two well-received talks at ApacheCon Austin related to brands, one
focused on education for PMCs and the other focused on helping vendors
working in our project technology spaces how to respectfully use Apache
brands.  The level of questions I got both after the talks and during
the conference was much better than in past years in terms of PMC
members asking more detailed and thoughtful questions.

Work on the requested detailed risk analysis for the board of not
registering our project trademarks is progressing slowly due to ApacheCon,
budgets, and the like.  Propose to present something next month.

Interesting questions on trademarks@ this month about the recent Groovy
project submission to the Incubator (no TM issues expected), the use
of trademarks in relation to email addresses (to reduce spam), as well as
questions about detailed uses of marks including the Apache Attic as
well as a higher volume then usual from both PMCs and outside parties.

(Outstanding) Waiting on infra to confirm if supporting a regularly maintained
list of all Apache product trademarks is feasible; if it is not feasible, then
I would expect to ask for an additional budget item to
complete this task in the future.

## Registrations:

At the request of the relevant PMCs, we submitted US registration applications
this month for: Accumulo, ManifoldCF, Tomcat.

The Tajo, ManifoldCF, DeltaSpike, Accumulo, Bigtop, OFBiz have requested to
register their project names; we're still coordinating getting all the
information needed for those and previous requests to counsel.

The PMC requested Cassandra and CouchDB applications are on hold pending
various legal consent issues.

The Tomcat PMC has requested additional registrations, both as software
products in the EU/CTM, India, China and as a service (i.e. the service
of providing developer support to contributors) in the US.  This is on
hold pending a decision on budget.

The Corinthia podling has requested to register their product name, and
may have volunteers to donate the costs associated with the registration
if the official Brand budget cannot be used to pay for podling
registrations.  Awaiting feedback from the Corinthia PPMC currently.

18 Mar 2015

## Budget:

I hope the board will approve the President's submitted Brand budget, based on
actual past year spend.  The board should be aware that if many projects
request registrations - especially any projects that may require additional
legal support - I expect we may make an additional budget request in the
future at that time.

The actual spend for the past year is lower than expected due to several
factors, both in speed of execution for existing registration questions, as
well as some billing delays from counsel (i.e. where we were billed much later
than I had expected for previous services).

## Operations:

Unblocked the ™-registrations@ process for handling PMC questions about
registrations, which resulted in several earlier requests now being processed.

Posted Apache Branded Social Media Guidelines/Best practices, based on the
excellent guidelines the Apache CloudStack project; we hope all Apache
projects will find them useful.  Review welcomed before pushing them out.


Posted Apache Project Branding Best Practices and emailed to PMCs.


Working on trademarks@ as well as with DLAPiper counsel to prepare information
on risk analysis for our current trademark policy and our current low rate of
registrations for projects overall per the board and President's request.
Note: I do not expect full details available for this month's meeting.

Requested operations@ generate a full listing page of trademarks for all
Apache projects.  If this is not practical for our own infra to perform, I
would recommend that we add budget to create this in the future.

Requested a detailed cost accounting from DLAPiper per request of
Treasurer/Virtual for use in future audit.

## Registrations:

Our registration application for HADOOP in Korea has been formally refused due
to a pre-existing registration for similar claimed software products. Korea is
a first-to-file country.

At the request of the relevant PMCs, we submitted US registration applications

The OpenMeetings, Traffic Server, Tomcat, CouchDB, DeltaSpike, and Spark have
requested to register their project names; we're still coordinating getting
all the information needed to counsel.

The Cassandra PMC has requested to register their mark, however we are waiting
for a third party consent to be signed before proceeding to prevent any

18 Feb 2015

Worked on clearing podling name search entries; however not all PPMCs are
performing the needed steps before submitting.

Submitted two educational talks on branding plus a potential barcamp/PMC
tutorial at ApacheCon Austin.

Denied a services branding request using a derivative of a registered Apache
mark that would highly likely be infringing if used. While it is positive this
third party requested permission first, it is puzzling why they would request
permissions for something so clearly inappropriate.

Requested branding updates related to improper use of our HADOOP mark on the
new opendataplatform.org website.  As many popular Apache projects grow in
widespread use and broad commercial interest, it will become more important
than ever to ensure that our PMCs understand the importance of their
trademarks in managing an independent project, and ensuring that they have the
tools - education, access to counsel when needed, and the ability to register
their marks - to do so.

As a new website, the specific legal trademark issues on opendataplatform.org
are limited (so far) and it's not clear how the relevant companies will
present branding going forward.  However third party projects like this that
blur the lines between their software product offerings and the underlying
Apache software products are likely to cause other issues about end user
confusion as to the true source of software, as well as concern with many
developers who may be interested in contributing to Apache projects.

21 Jan 2015

The Apache CloudStack PMC is working with the Linux Foundation (LF) directly
with the aim of setting up a CloudStack Marketing Alliance, outside of the
ASF, to help promote the use and development of CloudStack.  The PMC and LF
representatives are working within our published brand policy, and are working
with relevant ASF officers when needed. This looks to be a very productive
start to this PMC's long-running broader work around showcasing CloudStack to
the public, and should provide good experiences and models for other PMCs
wishing to broaden their outreach.

Several other PMCs have begun directly issuing permissions for small/mid scale
events using their marks, so the process of PMC permissions is starting to be
used, although more education and clearer documentation is still very much

Submitted a USPTO registration for FLINK at the request of the newly graduated

The ASF received the formal trademark registration paperwork for our HADOOP
registration in Japan.

With assistance of counsel and many other ASF'ers, updated and signed an event
MOU with Cloudera for their ongoing Hadoop World conference.

trademarks@ lost Jukka as a moderator.  While Henri volunteered to fill in,
the lack of any other volunteers is concerning for the long term with the
relatively small number of Members who regularly step up to help productively
work on trademarks@ matters.

17 Dec 2014

Updated large scale event MOU with feedback from counsel and many trademark
perspectives.  Renewed existing Hadoop-related MOU with updated terms.
Updated the event policy with clarifications for blackout dates and trademark

A third party is requesting trademark permissions to use an Apache project
logo for their training certification program.  Starting the process of
working with counsel to come up with a workable way to grant permissions.
Feedback on our approach - charging fees, other requirements - appreciated on

Several projects and members commented on the Corporate Recognition Best
Practices, which is helpful both to better explain the practices as well as
get feedback on more real-world applications of these type of guidelines for
Apache projects.

19 Nov 2014

A request for licensing a project brand for a larger, long lived
event is generating some discussion as to what level of policy
compliance is desired for major events.  I expect we will resolve
these next month, continuing similar to past agreements.

Our registration application for the HADOOP mark in Korea has been
preliminarily refused by the examiner due to a pre-existing HADOOP
registration for a similar software product; we will work with counsel
and the Hadoop PMC to see what impact this has.  Note that Korea is a
"first-to-file" country, meaning whoever successfully *files* a
trademark first typically secures rights to it.

Counsel confirms that we can legally delegate ability to provide project
brand use permissions to PMCs and their VPs directly; however they also
note that this may have risks - depending on how well PMCs manage this
 - with our long-term ability to defend our brands.

15 Oct 2014

A quieter month than usual.

We made good progress updating public policy documentation to allow
per-project approvals for many permissions requests, including a centralized
Contact Us page for third party questions.

Sally and the press team rolled out the Powered By Apache set of per-project
logos which look great.  Some projects may wish to request changes to their
logos (in some cases, to include just a graphic logo and not wording); they
should contact press@ with specific requests and be sure to help update the
underlying graphics.

Two podlings are in the process of changing branding due to feedback or issues
during the PODLINGNAMESEARCH process.  While this in some cases may result in
additional website and infra related work if a change is made, it is difficult
to see how it can be avoided to ensure that the ASF both respects pre-existing
third party trademarks, as well as ensuring our ability to defend our
top-level project marks in the future.

17 Sep 2014

trademarks@ volume was lighter than usual this month, allowing catchup on some
outstanding third party questions.

Sally did an amazing job of developing and rolling out the new Powered By
Apache logo set and guidelines, including suggested logos for all Apache
projects.  These are a simple way that projects can choose to have users show
their support of Apache and the projects in a wide variety of contexts.

Along with DLAPiper's continuing assistance on tracking registrations and
legal advice, in conjunction with Jim I've gotten some excellent trademark
policy advice from Pamela Chestek, creator of ModelTrademarkGuidelines.org, in
terms of the most effective ways to craft our public policies.

Started work on updating brand policy contact us page, which starts the
process of explicitly pointing third party questions to capable PMCs who have
asked to handle more third party questions directly.

20 Aug 2014

trademarks@ continues as busy as ever, even during the summer with OSCON and
several long-overdue vacations for myself, so both daily operations and
process improvements are running slower than planned.

Similarly, discussion on the backlog PODLINGNAMESEARCH escalated quickly
during a week I was mostly offline, which led to some unfortunate responses.
Thanks to Henri in particular for pulling together constructive criticism and
opinions on the remaining open issues.

I attended OSCON to help man the ASF booth along with our EA Melissa and a
host of volunteers, including David Nalley, Justin, Upayavira, Rich, and
especially Dennis Hamilton. Virtually everyone who visited the ASF booth was
immensely thankful for the work we and all Apache projects do.  The variety of
questions from attendees was incredibly varied, everything from "Oh, you have
more than one project" to "How much do you get paid for working at Apache" to
"How can I get this Apache Foo bug fixed?"

We've begun using tm-registrations@ as a working list to manage the details of
Apache product name registration applications with the EA and counsel, and
DLAPiper has begun using this list.  I'm also working with DLAPiper to
continue to push more of their responses to tm-registrations@ or trademarks@
wherever possible instead of vp-brand.

Counsel have reported back on several legal issues related to registration
applications or questions, needing additional direction for applications being
made or planned that have been requested by Apache projects.

Used board concall to host meeting with Sally and a third party alleging abuse
of Apache trademarks by a third party in their hiring process.

Interesting queries this week include a blogger asking permission to use
logos; a new Hadoop & Spark conference asking for a long-term partnership;
notice that OpenMRS has adopted a modified version of our trademark policy;
and a request to look into third party use of Apache marks in a negative sense
in AdWords.

16 Jul 2014

Several directors and members brainstormed on trademarks@ about ways to
improve response times and our ability to help our many Apache projects manage
their brands, including ways to better educate and empower PMCs to a much
greater degree.  In particular Chip and the CloudStack PMC have made
proposals/patches to start implementing this for their project, which should
be an excellent test case to ensure our documentation is sufficiently clear
for PMCs.

Our EA has jumped in on tm-registrations@ to help organize data collection for
trademark registration details from a number of projects who have requested to
register their product marks.

As the breadth and complex types of questions both on trademarks@ and other
email addresses (including non-list emails) grows, it has reached the point
where it is becoming not practical to provide the level of support and
expertise we would like to provide to all Apache projects with all volunteers.
While our EA will be very helpful to pickup organizing registrations (in
conjunction with counsel), many of these questions need some practical
expertise to give the best answers.

I will be manning the ASF booth at OSCON next week, and hope to be able to
help out with sponsor and other contacts.

18 Jun 2014

The number and complexity of issues coming into trademarks@ and vp-brand@
continues to increase.

Several projects have requested registration of their project names; work will
start as soon as the mailing list for organizing registration information is

Beginning work with counsel to redirect the majority of work to the lists
rather than private alias.  Requesting counsel provide more regular billing as
well as report of hours for audit purposes.

Worked with counsel on several APACHE registration issues with good success.

21 May 2014

The volume and variety of questions and issues on trademarks@ continues
to be heavy, and in particular continues to show that more education
and clearer policy documentation is needed, both for our project
communities as well as a more clearly presented and easily approachable
set of policy documentation for users and potential corporate sponsors
or donors as well.

Telecon with the Apache CouchDB project to discuss branding issues and
enforcement ideas; the project has some great energy with new code
merges and will be working on an improved and better articulated brand
for CouchDB overall.

Budget request submitted to president@.  Note that while our actual
spending is still well below budget for last year, this is partly due
to delays in billing and processing time from counsel, so I expect to
get a number of bills soon.


Responded to a number of questions to APACHE registration issues in
various jurisdictions.

Preparing registrations for SERVICEMIX and ACTIVEMQ at project request.

Working with counsel on securing a coexistence agreement and/or
opposition to a third party registration of an Apache product name.

16 Apr 2014

* Operations

trademarks@ volume and variety of questions continues to be
heavy.  In particular we have a number of new requests to make Apache
branded swag.

A key need is a way to ensure that our own /marks/list listings
of Apache marks is kept updated and includes sufficient information
to provide to third parties reviewing our trademark policies.  While
Ross has suggested tasking EA to begin this as a manual process (by
reading board graduation votes), an automated one that takes into
account future product releases is needed.  If we can't attract
volunteers for this kind of task, will work with president@ to find
appropriate infrastructure work to complete.

* ApacheCon / CloudStackCollab

I gave three presentations about Apache branding at both
conferences last week, to moderate audiences but with very good
feedback from attendees.  Posted on the conference site and:


It was clear both from hallway/after hours conversations and from
specific feedback on my talks that more education is needed, both for
PMCs (to best protect our brands) and for vendors who commonly engage
with Apache projects (to ensure they understand that Apache product
names are our trademarks, for example).

Recorded a podcast about Apache branding activities at ApacheCon:


Similarly, I had a number of conversations with the CloudStack
PMC about their desires for getting better support for branding and
marketing (and infra) activities; the result of which can be seen in
their monthly board report and emails to press@ / infra@

Met with Linux Foundation (LF) staff about ApacheCon and other
conference branding.  IMO branding at these conferences was great.
LF is already producing the upcoming MesosCon, so we will need to
work on ensuring an improved event approval process to work with LF
events for our many Apache projects.

* Registrations

Registration of APACHE has succeeded in Switzerland!  While we
have made several registrations, this one has finished it's process,
mostly merely because of the timing of the paperwork.

19 Mar 2014

trademarks@ traffic continues to grow and bring up new issues.  It's
been very helpful to have a couple of members really step up to help
and thoughtfully answer various questions; David Nalley has been
especially helpful in this regard.

Started a discussion on ways to improve services that trademarks@
and the ASF offers to our projects, although there's limited feedback
so far there on some new ideas.

I updated the Project Independence requirements in response to issues
raised recently with the focus of the page:


Had a brief but productive call at DLAPiper request; they have a number
of specific documents almost ready to offer to help improve and simplify
our brand policing and education activities that I'm looking forward to.

DLAPiper submitted a US registration for LUCENE.

DLAPiper is submitting an international registration for HADOOP covering
EU and several key first-to-file countries.

19 Feb 2014

This was a very busy month on trademarks@, and there are a number of
open questions still being worked on.  There have also been a number of
good discussions about clarifying our policies - both for PMCs as well
as for third parties - and about improving the Project Independence

Incubator PMC and trademarks@ was contacted by a third party about our
use of the Apache Sentry name for our security-related product.
Discussions are continuing.

My two talks on Brand Management were accepted for ApacheCon Denver, and
also one brand talk at the following CloudStack Collab that week. Phew!

The Apache Hadoop PMC created trademarks@hadoop.a.o privately archived
mailing list; plans are to use it for better coordination of various
Hadoop-related brand policing.

Met with counsel for the CLOUDSTACK matter, and met with a representative
from UKFast to work on a settlement to ensure our registration in the EU
can continue and to ensure that UKFast recognizes our marks.

15 Jan 2014

UPDATE: requested addenda with details of budget request at bottom.

Board Issue: see President's report and Special Order A for a
request for additional budgeted funding.  See also the attached
memorandum in board@ email from DLAPiper counsel Mark Radcliffe
supporting this request.

Along with the usual branding questions we've been having many more
detailed questions about how Apache branding should (or should not) be
applied in much more esoteric cases.  A key question this month is
what Maven artifact group IDs should be used when third party vendors
provide patched versions of Apache software in various Maven repos.

Reviewed and approved new ApacheCon contract and sponsor prospectus
re: branding requirements.

Held a videoconference hosted by counsel at DLAPiper with several vendors
providing Hadoop-related products and services to get feedback on the
best ways to roll out new Hadoop and related product branding requirements
for third parties.  Feedback from the meeting and from DLAPiper counsel
show that this effort to ensure our ability to defend the Apache Hadoop
trademarks will be a long-term effort.

Met with DLAPiper counsel on ways to efficiently improve trademark
enforcement in general, as well as brainstorm on ways to provide better
training to our PMCS about brand management and awareness.  Brainstormed
specific ways that DLAPiper can better support our Hadoop and related
products brands.

UPDATE: Justification for updated budget request (Special Order A)

== Brand Management ==
(Updated Request Jan 2014; net +$64,735.00)

Recurring Expenses           : $36,760.00   (+274%)

1.Register/Record most incoming
 podling names in US         : $ 6,760.00
2.Register/Record selected key
 incoming podling names Intl : $ 4,000.00
3.Declarations/Renewals fees    : $10,000.00
4.Separate Counsel legal fees   : $16,000.00

Backlog registration exp     : $41,375.00   (+XX%)

5.Register most TLP in US       : $11,375.00
6.Register selected TLP Int'l   : $15,000.00
7.Registrations of APACHE       : $15,000.00

Category Total                  : $78,135.00   (+583%)


1.Register/Record most incoming podling names in US  $6,760

- Register the product name of most/all incoming podlings in the US.
USPTO registration fee is $325 for each; est. up to 20 annually.
Obviously we will want to coordinate with Incubator to ensure we're
only registering podlings nearing graduation, typically.

- Record change of ownership of any previously registered podling names.
I.e. when an incoming podling has a registered trademark, we should
to legally record this change of ownership with the applicable
country registry of trademarks.  Recording serves as notice to third
parties of our ownership, and allows us to renew registrations.

USPTO recording fee is $65; other jurisdictions are $100-$500 est.

2. Register/Record selected key incoming podling names Intl. $4,000

- Where a podling has existing international registrations, record the
change of ownership internationally.

Approximate cost $100-$500 each; est. 1-2 podlings annually.

- If we have some podling with high popularity and vendors using it's
branding, we may want to register up to one podling/year name
internationally, probably in EU/CTM to preserve rights in those
first-to-file jurisdictions.

Approximate cost $1,500 ea. if done with a US registration.

3. Declarations/Renewals fees  $10,000.00

- Registrations require maintenance and renewals: in the US, you must file
8&15 declarations at 5 years or risk losing the registration; at 10 years
you must renew it.

US 8&15 declarations are $300 each.  US 10year renewals are $400.
International renewals are more expensive.

NOTE that we won't need much of this 3. budget for the next few years,
since we only have ~20 current registrations that are on track for
renewals soon- this will only really be needed when our
backlog registrations age to 5 years.  Obviously, we only renew
registrations for active projects.  This is an estimate for annual
costs about 4 years in the future, assuming a roster of ~100 registrations.

4.Separate Counsel legal fees  $16,000

While DLAPiper provides services pro bono, they sometimes have a conflict
of interest with a particular registration, requiring us to seek another
counsel's services.  Similarly, for many international jurisdictions,
DLAPiper arranges discounted (but not free) services from local counsel.

This is an estimate of annual expenses based on:

- Third party legal services dealing with non-US renewals or other
registration questions:
est. 4 cases x $2,000 est. = $4,000

- Third party legal advice dealing with office actions etc. in cases
where DLAPiper has a conflict:
est. 2 cases x $6,000 est. = $12,000

Note these backlog requests are temporary for approx. 2 year period, until
we catch up with existing project registrations we pursue.

5.Register most TLP in US       : $11,375.00

This would register many of the simple to register names of software
products that match our existing TLP project names.  A proposed list of
names to register as an example is:  (USPTO fee $325ea)

Accumulo, Airavata, Ambari, Archiva, Aries, Avro, Bigtop, Camel,
Cassandra, Cayenne, Chukwa, Clerezza, Continuum, Crunch, Curator,
CXF, Etch, Felix, Flume, Geronimo, Giraph, Gora, Hama, Hive,
Isis, Jackrabbit, jUDDI, Kafka, Karaf, Lenya, Lucene, Mahout,
ManifoldCF, Marmotta, Maven, Nutch, OFBiz, Pig, Pivot, POI, Sling,
Solr, Sqoop, Stanbol, Struts, Synapse, Tapestry, Thrift, Tiles, Tomcat,
TomEE, Turbine, Tuscany, Whirr, Wicket, Wink, ZooKeeper

Obviously, this is subject to change depending on the activity level of
various projects, and as PMCs request to be added/removed.  Note that
Traffic Server has already requested to be added.

6.Register selected TLP Int'l   : $15,000.00

A few projects have such active communities and pressures from vendors
attempting to leverage their brands that I believe we should register
their product names in selected international jurisdictions.

7.Registrations of APACHE       : $15,000.00

This would cover registering our house brand of APACHE in a number
of international jurisdictions and dealing with attendant issues.

18 Dec 2013

Board issue: please see two resolutions for an increased budget for
Brand Management to meet our needs for our strategy change to use
registered trademarks in many more situations.

Operations And Community
We had a much busier than usual month for questions and issues raised
to trademarks@, and a number of issues will take some time to work with
the relevant PMCs or third parties to fully resolve.

A request to MapR correcting their poor use of the Apache HBase name was
originally met with a less than acceptable response, but with an
stronger restatement of our requirements resulted in quick action to
correct the issues.  A separate and much smaller request from the Apache
Camel VP to Red Hat was unfortunately met with no substantiative
response; while escalation to their senior trademark counsel was
not as well received as I had hoped, I did establish a better
communication channel for any future branding questions to that company.

Updating Branding Strategy
In reviewing more complex branding issues with our CouchDB, ActiveMQ,
Camel, Hadoop, and CloudStack projects (as well as experience from
past trademark enforcement actions), it has become clear that we
need to make some changes to our overall branding strategy.  I had a
call with counsel from DLAPiper to discuss both our project branding
strategy as well as matters relating to our overall Apache house brand,
and they confirmed my ideas.  Similarly, a thread on trademarks@ shows
that the ability to defend our project brands is critical to our
long term mission.

Therefore, I am proposing that we improve our branding strategy by
changing to registering most or all of the software product names that
match our many Apache project names in the US.  This change will
require a notably expanded Brand Management budget going forward to
meet our expected annual expenses relating to registering new
podling/graduating TLP names, as well as a separate, much larger
short-term budget which will be used to register our many existing
TLP's names.

I am very cognizant of our duty to take care in the use of the funds
our many Sponsors (and donors) entrust to us.  However I believe that
this improvement in branding strategy is critical to ensure that we
can effectively maintain our strong sense of independent community
and our long-term ability to continue our mission.  I will also note
that in a number of conversations with Sponsors I have had that this
ability to defend our brands is important in their minds as well.

Trademark Registrations
Counsel have made several registration applications
in various jurisdictions for our APACHE overall "house brand". These
registrations are part of a longer term effort to ensure our
strong ability to defend our Apache brand itself.

Separately, the USPTO issued a registration for our CLOUDSTACK
product name on the supplemental register, and our efforts to
secure the registration in Europe are progressing well.

20 Nov 2013

No current board level issues.

Stepped up trademark enforcements for several projects with good results.

Added ea@ to the trademarks@ list and reviewed our two runbooks as we
start to find ways the EA can assist with organizing answering issues
on trademarks@.

Sent [ACTION] Review your Apache project's brand use to pmcs@ with
pointers to various updated and clarified PMC-related branding
requirements to ensure that PMCs are aware of their responsibilities.
Oddly, there were no comments directed back to trademarks@.

16 Oct 2013 [Sam Ruby]

No board level issues.

Progress on getting through the backlog of requests and podling name
searches is going well.  Otherwise a slightly busy month for trademarks
but no major unexpected controversies.

I have started documenting foundation/Brand/runbook.txt for common
procedures in answering questions on trademarks@; in particular
questions that either relevant Apache project VPs can answer themselves,
or that members of the Trademarks Committee can answer directly.
Similarly, the President has asked the EA to assist with monitoring
the trademarks@ list, and she has started a set of "common questions
and how to address" list which looks to be helpful in the future.

I have a call with counsel shortly before the board meeting to discuss
specific legal agreements for intake of trademarks, in particular to
cover graphical logos.  This is needed to ensure that we have clear
trademark rights in the future for our projects, as we have seen in
some cases where for-profit companies who at the start have the best of
intentions, but over the long run change behavior to our detriment.

Sam submitted a brief verbal report. Committee is running routinely. One item Sam would appreciate board members (and others) weighing in on the distribution of iOS applications in the App Store:


18 Sep 2013 [Sam Ruby]

No board-level issues.

Trademarks@ continues to run at a moderate pace; hopefully with my return
from summer leave we will be able to improve this.

Ross (+1!) has stepped in to push on improved guidelines for approving use of
Apache project brands in events, documenting a basic process for pushing as
much of the evaluation and approval process out to PMCs as is practical. This
will be part of a larger effort to push more work out to PMCs.

The first step will be to work with the Trademarks Committee to ensure we have
a more detailed policies and very clear procedures for evaluating and
approving brand-related requests of various kinds.  We need to ensure that
PMC members have sufficient information to understand enough of the larger
issues around branding and trademarks to make informed decisions about
specific kinds of requests that can be raised to trademarks@ for a NAK
process similar to PMC changes.  This will be a long term effort, both
in documenting as well as in ensuring PMCs are informed.

I am naming Christian Grobmeier and David Nalley to the Trademarks
Committee in recognition of their helpful and thoughtful trademarks@ work.

No report was submitted.

21 Aug 2013

Trademarks has had a moderate month, with basic questions being answered.
Some needed brand policing actions are being queued up for next month.

Burns & Levinson is ably supporting us in pursuing just the CLOUDSTACK
trademarks both here in the US as well as in Europe.

No board level issues; however, I may need to call upon operations@ folks to
help provide better coverage for questions: at least having someone reliable
get back to various questioners quickly with pointers to our policy and a
"we're working on it" would go a long way.

17 Jul 2013

A normal month for trademarks@, although a bit behind on resolving
questions in the past couple of weeks.

Thanks to Ross for updating various policy documentation to reflect that
trademarks@ now handles all event-based branding approvals.

DLAPiper has been doing plenty of registration and recordation work for
us this month, including recording the change of ownership of various
donated registered marks in key jurisdictions.

Registration applications have been made for ACTIVEMQ and
SERVICEMIX to replace earlier applications that timed out.

OPENOFFICE application is being updated and re-submitted in Canada, which if
successful would allow us to note that name is registered.

SUBVERSION is being applied for "incontestability", which would ensure
our very clear ownership of the name in the US.

19 Jun 2013

No board level issues.  Very busy month.

* Operations And Community

The trademarks list has been very busy this month, both with general
questions and especially PODLINGNAMESEARCHes.  That JIRA now sends
notifications to the list, so we should not get behind in the future.

There were more than the usual litany of brand questions, requests
for approval, and potential complaints about poor use of Apache brands.

It is clear both from the volume of requests on trademarks@, the
types of questions, and the number of questions that include potential
legal issues that Brand Management needs to make significant changes in
how we operate.  The commercial and technology impact of many Apache
projects is growing very quickly, and is resulting in many commercial
companies pushing the boundaries, both in cases where they blithely
use (or misuse) Apache brands for their own purposes, as well as in
cases where they (or their counsel) ask pointed questions as to how
far they can take the use of our brands, in some cases at the
expense of our communities.

Similarly, discussing recent trademark questions with counsel has made
clear that there are additional legal risks with how we allow use of
Apache brands in some areas, in particular in how we approve incoming
podling names and logos.

As I am taking a 12 week leave from my employment this summer, I plan
to spend part of that free time working with the trademarks committee
to greatly update and improve both our policy, create detailed runbooks
for processing questions and requests, as well as bootstrapping
improved enforcement for a number of popular Apache projects.

We also welcomed a couple of new member subscribers to tm@, welcome!

* Registrations And Legal Issues

Signed client engagement letter with new trademark counsel of Burns &
Levinson, who will be appealing the technical denial of Citrix's attempt
to register the CLOUDSTACK mark in the US and the CTO (EU).  Thanks
to the Cloudstack PMC in efforts to gather data of distinctiveness of
the mark in short order at counsel request.

DLAPiper has submitted US registrations for the ACTIVEMQ and SERVICEMIX
trademarks.  Hopefully they will proceed through the process and be
registered in the ASF's name in a few months.

Working with counsel to determine what issues in use of the JSPWIKI
name exist for an Apache project due to a PODLINGNAMESEARCH.

Working with counsel to greatly update our process for incoming grants
for trademarks.  Recent issues raised have made it clear that we will
need to be much more rigorous in how we accepting incoming brands
for podlings/products, including potential legal assignments.

15 May 2013

No board level issues.

For awareness, note that brand may need to request additional funding
during the upcoming budget year.  This primarily depends on both our
ability to secure pro bono services of various levels, and especially
how long it takes us to organize new trademark registrations.  While
I had planned to spend more of last year's budget, it took longer than
expected to get balls rolling; however we should roll much faster
this year.  Amount < $20K, so should not be a fundraising concern.

Trademarks has had quite a busy month with more than our fair share of
controversies and reported potential infringements from a variety of
projects.  While I can understand that many of our development
volunteers may want to see fast and decisive action on each of their
perceived issues with third party use of Apache brands, we need to
ensure that our brand enforcement is clear, correct, and effective;
this takes time to analyze issues.

Notable issues being worked on include branding use around Hadoop,
HBase, log4j, CloudStack, OFBiz, OpenOffice, and CouchDB.

It is clear both from the number of issues, how they are being brought
up, the size and types of companies that they are dealing with, and
advice from counsel that we will need to make a number of changes
in our brand management procedures.  These will include more thorough
procedures around how our projects create their brands as well as
how people report issues and how the Branding committee deals
with issues.

17 Apr 2013

No board level issues.  The trademarks@ list has had a very busy month.

Along with a number of podling name searches with a variety of questions,
Christian Grobmeier and others worked to centralize an ASF-wide name search
procedure.  With the growth of the ASF and the wide number of ASF products
and even sub-projects having such a large impact on the technology industry,
we will need to be correspondingly careful when selecting new product
brands for our many Apache projects.

Early draft merchandising guidelines are being discussed; with so many projects
in different areas we need to provide much better and simpler guidelines for
the many volunteers and respectful organizations that simply want to give away
t-shirts and swag with Apache project logos on them.  This is a recurring
question that we need a better way to answer.

Infra created the vp-brand@ alias which is saved to a restricted archive,
which will be used for legal privileged conversations with counsel.

Brand Management submitted the same budget request as last year.  While we
under-ran our budget last year, we do expect (now that we have experience
with how long things take) to use most of the budget this year.

The Apache UIMA project has agreed to change the name of their newly created
TextMarker sandbox component to avoid a potential legal conflict with a
long-established and registered product name from the European company
SoftMaker. It is important to understand that this is a unique situation,
and in *no* way serves as a precedent for other Apache project name choices.

It is clear from the wide variety of third party software products using
the Hadoop name that we need to work with the vendor community to make
some changes to ensure the Apache Hadoop project gets the credit it deserves.
Apologies to the Apache Hadoop PMC for the delay in working through a plan
with them after conferring with counsel from DLAPiper; I've been quite
sick on and off for a few weeks.

20 Mar 2013

No board level issues.

I expect to submit the same annual budget request as last year.

Overall questions to trademarks@ are up, and we've had a lot of podling
name search queries lately, which are working fairly well, although it's
clear from comments on the searches that the Incubator documentation is
not as clear as it could be.

The Apache UIMA project was contacted by Softmaker.de with a complaint [1]
that the sandbox plugin release of Apache UIMA TextMarker software was
a name conflict with SoftMaker's TextMaker word processing software,
which is registered in several jurisdictions.  ASF Counsel is preparing
a detailed response, which will be sent directly to them via trademarks@.

An independent third party contacted trademarks@ about an interesting
idea for an Apache product logo on merchandise; we are working to get
feedback from the relevant PMC.  Trademarks@ will be working on improved
and simpler merchandising policy for Apache brands, since this can be a
great way to bring awareness when done in appropriate ways.

Shane was contacted to join a new cross-OSS-project wiki that claims
to want to offer suggestions for trademark polices for open source
groups - if this gets some traction, it would be a great thing for all
of us: http://modeltrademarkguidelines.org

Shane spoke at ApacheCon NA to give "Managing Open Source Community Brands"
which was well recieved and brought in a lot of good questions from
Apache committers during the conference.  [2]

[1] https://mail-archives.apache.org/mod_mbox/uima-dev/201303.mbox/%3C513F5124.70209%40softmaker.de%3E
[2] http://communityovercode.com/2013/02/apachecon-presentation/

20 Feb 2013

No issues requiring board or President attention.

I've caught up on replying to all outstanding questions, which run the
usual gamut.

A branding complaint was made by one company whose engineers work on
a major Apache project about behavior in a private email sent from
another company whose engineers work on the same project.  This was
addressed well by trademarks@ volunteers, but serves to show a couple
of key points we need to continue to educate our communities about:

- Branding issues are almost never immediate-time-sensitive.  Unless
the question is about physical media being printed for an in-person
event happening within the week, branding questions can ALWAYS wait
a few days to organize a response and deal with.

- The ASF is responsible for enforcing brand use of the Apache brand(s).
While we certainly very much appreciate third parties alerting us to
potentially improper uses of our brands, it is NOT appropriate for
third parties to directly work on enforcing Apache brands without
our explicit consent.

The Apache OpenOffice project has made a request that we lodge a
complaint with certain search terms being used on Google AdWords
that may infringe on our marks.  They have examples of
infringing sites using these marks to drive traffic, which is
clearly a problem for this project with it's large end-user population.

16 Jan 2013

No issues requiring board or president attention at the moment.

We've had a higher than usual rate of general questions from third parties
and from our PMCs.  Overall this is a good thing, as we're starting to have
more documentation available to point to, and many of the questions from
PMCs (and especially most incubator podlings) are showing a slightly better
understanding of branding issues.

Shane is speaking at ApacheCon in Portland, both as a session and as a
tutorial on How To Manage Your Apache Project Brand.  This is a tutorial
specifically aimed at PMC members and committers in terms of how to
apply Apache Brand policy in real life.  I hope to work with Concom to see
if there's some way to provide discounted tickets to PMC members (a'la the
press training provided by Sally in the past), since this providing better
support to PMCs is a key Brand Management need.

Tutorial: http://na.apachecon.com/schedule/presentation/203/

19 Dec 2012

Operations And Community

Ongoing work with the HBase PMC to address potential misuses of
the HBase and Hadoop brands; progress is slow due to the holidays.

My Managing Open Source Brands talk was accepted at ApacheCon NA,
as was a similar tutorial focused specifically on helping
Apache PMCs understand how to manage their brands.

External Requests

Contacted by a third party claiming a potential conflict with a
module name within an Apache podling.  Awaiting more details from
the third party before working with Legal on an official response.

Clarifying Apache policy about transfer of pre-existing trademarks
during the Incubation process.  Fundamentally, the ASF needs full
rights to any trademarks before graduation to TLP is approved.
This needs to be better documented within the Incubator and in our
public policies to ensure that new podlings with strongly held
brands know what to expect.

Trademark Registrations

Working with counsel on ensuring a third-party registration of
a mark for an incubating project is completed and transferred before

21 Nov 2012 [Shane Curcuru / Roy]

Operations And Community

Name searches for Incubator podlings continue to come in; most are
well researched.

Actively working with several PMCs to assist in policing use of their
names.  We're still seeing a wide variety of familiarity (both good
and not so good) with the PMC Branding Requirements and trademark
basics across PMCs, so each case is very different in terms of how
the community is understanding and dealing with the issues.

External Requests

Commented on the transfer of a twitter account to a third party
at the PMC's request (the mostly-unused @tapestry account to
another unrelated, outside software project).  As long as Apache
marks are respected and general policies followed, PMCs are free
to define how they promote their brands.

Trademark Registrations

Approved counsel to proceed with a required office action (with
attendant discounted filing fees) for the OPENOFFICE registered
trademark in Canada.  Per counsel's suggestion, maintaining this
registration is likely to strengthen our ability to defend marks
related to Apache OpenOffice.

Greg Stein provided SFLC with documentation of our payment for
some past Subversion registration costs; SFLC were asking for
Treasurer to provide actual receipts of payment.

17 Oct 2012 [Shane Curcuru / Roy]

Operations And Community

Approved several new name searches for podlings readying for graduation;
the new energy in the incubator is certainly helping with podlings being
more organized on the branding front.

External Requests

Responded to a higher number of third party requests this month, nothing

Signed an agreement for use of one of our project marks in a major
television series after working with counsel to update the agreement to
something suitable.

Trademark Registrations

OpenOffice.org trademark registrations in Taiwan are recorded as being
transferred to us.  We plan to work with DLAPiper to record transfers in
major markets where the pro bono rates make sense for the relevant projects.

19 Sep 2012 [Shane Curcuru / Jim]

Operations And Community

Responded to a usual array of requests, including several book
publishers who seem to be appreciating our FAQ entry for them.

Approved the Airavata name for TLP; kudos to the PPMC there for
doing very thorough research around the name!

External Requests

Commented on a fundraising@ request that included an agreement
that could have granted far too broad rights to our marks in a
sponsorship agreement.

Trademark Registrations

Worked with DLAPiper to ensure past registration tracking from
Sun/Oracle legal firms for OpenOffice.org registrations is
fully transferred to us.

15 Aug 2012 [Shane Curcuru / Bertrand]

Operations And Community

The Cocoon PMC has politely contacted several groups about potentially
confusing names.  The emails sent worked well, although one detail
was misstated; trademarks@ will remind pmcs@ of the proper procedures
with clearer documentation.  The parties who have responded have
done so favorably.

External Requests

Waiting feedback from counsel on a request to sign agreement to use Apache
OpenOffice software in a television production.  The release form includes
indemnification clauses which I'm not comfortable signing without legal
review.  This showcases a (minor) issue with having a major end-user consumer
product at Apache: organizations who want to use our marks in non-traditional
ways who wish to have legal releases beforehand.  This is not a board issue,
but is something to think about as the reach of Apache project grows.

Trademark Registrations

A [VOTE] confirmed my recommendation to *not* pay any fees to complete a
previous OpenOffice.org registration in a small country in the Balkans.

Sadly, only limited discussion on the amount of funding we are willing to
spend on either registration recording, or registrations in non US/EU
countries.  Where we do choose to register marks, it will likely be
only in the US and EU jurisdictions where appropriate and important
for a specific project and for the ASF as an organization.

It is good for Apache to have its products mentioned in public productions. But Apache cannot indemnify producers. Perhaps we can write a clause that would satisfy producers as a substitute for indemnification. We have budget to engage outside legal counsel to write such a substitute clause, which we can then post on our web site.

25 Jul 2012 [Shane Curcuru / Rich]

Operations And Community

I gave a talk "Managing Community Open Source Brands" at OSCON which
was well received.  I was surprised at how many OSCON attendees
commented on the importance of this talk: a half-dozen people each
said "wow, yeah, this is something we really need to do better".
One attendee with legal experience noted that the outline in the
talk (based on our brand management) was spot on with their
experience with other trademark management processes.


External Requests

AOO continues to be the most active project in terms of brand issues,
working on both repackagers for portable software (USB sticks) as
well as various media (movies, TV shows) requests for licenses.

The previous user of an OpenMeetings domain name has responded favorably
to requests to provide credit to the Apache OpenMeetings podling.

Granted permission for use of the feather in a graphic for a small
scale Lucene/Solr event.  This is one of the cases where it makes sense
to be flexible with logo use for the benefit of our communities.

Trademark Registrations

Completed agreement assigning "FLEX" registered marks from Adobe to the ASF.

DLAPiper is completing work to fully track all dockets for our various
registrations.  They have a draft chart showing fees we would be responsible
for if we choose to either renew or update the ownership of various
trademark registrations we have inherited around the globe.  While DLAPiper
is working to cover many of these fees as pro bono, there are still many cases
where there will be actual expenses in the $500 - $1000 range per jurisdiction.
trademarks@ will soon need to better define our strategy re: where we plan
to maintain registrations per project, so that we can better request the
required budget in the future.

20 Jun 2012 [Shane Curcuru / Sam]

Operations And Community

Worked with the AOO PPMC to review proposals for various requests, especially
repackagers for mobile applications (run off of USB stick, etc.).

External Requests

Several trademarks@ participants as well as members of specific PMCs
have been providing responses to external questions (either on
trademarks@ or from their projects) recently which is very helpful;
often asking for clarifying information or refering to specific
parts of our documentation that are related to questions.

Trademark Registrations
Working with DLAPiper on review of proposed assignment of "Flex" mark.

Recieved three invoices from past trademark registration activities
for the Subversion mark; working with counsel and Subversion PMC
to verify how we should handle paying them.

16 May 2012 [Shane Curcuru]

Operations And Community

Requests for assistance to review foundation/Brand/foundation-marks-list.csv
have not met much success within the membership, so reviewing projects'
compliance with branding requirements is taking longer than expected.

Worked with Apache Archiva PMC to respond to a third party's apparent
plans to rebrand from MailArchiva to Archiva.

External Requests

Several requests have come in from OOo/AOO land about permissions to
use AOO branding on various third party software download or CD-ROM sites.
Working with AOO PMC to set requirements and guidelines to ensure such
sites distribute proper AOO releases, without improper changes or additions.

Approved branding aspects of Zeta Components podling community's desire to
continue to use the Zeta name after they are retired from incubation, i.e.
after IPMC explicitly confirms their podling retirement.

Trademark Registrations
"Hadoop" is now US registration # 4131061 - yay!

Have requested DLAPiper register "Lucene", and confirmed description
with Lucene PMC.

18 Apr 2012 [Shane Curcuru]

Operations And Community

Created spreadsheet of project branding status so that volunteers
can work on reviewing Apache projects branding.

Submitted budget request for trademark registrations and transfers.

External Requests

I submitted a talk that was accepted at OSCON on "Managing Community
Open Source Brands".  Answered a small number of third party
requests about branding use, including two for use on merchandise.

Received a complaint about documentation issues on the Apache
Jackrabbit and Apache Sling websites from an end user; Jukka
responded with pointers.

Trademark Registrations
Awaiting final notice of Hadoop trademark registration from USPTO.
Working with DLAPiper to get various existing trademark registration
dockets organized in their tracking system.

21 Mar 2012 [Shane Curcuru]

Apologies for a late report.

Operations And Community

Calling for volunteers to work in an organized fashion to review
branding status for all TLPs.  It's clear that a more active approach
with specific PMCs that have not reported completion is needed.

Meeting with counsel from DLAPiper to work on reviewing basic policies,
get cost figures (for next year's budget request which will be higher),
and to organize which tasks that need counsel support versus can
be done by volunteers with training.

Worked with CouchDB PMC to make suggestions for the PMC to deal with
specific Couch-* named product by third party.

The recently detailed Incubator podling name search guidelines have
been very helpful for several new podlings to review the suitability
of their names in a organized fashion; many thanks to the IPMC members
who put that guide together!

External Requests

Signed release for use of Apache OpenOffice as set dressing in a
major US company motion picture.  Thanks to AOO
PPMC for the approval and DLAPiper counsel for legal review.

Trademark Registrations

Waiting for meeting with DLAPiper, expect more news next month.

15 Feb 2012 [Shane Curcuru]

Operations And Community

Thanks to the trademarks@ denizens as well as other members for some
great commentary and suggestions in the past two months.

External Requests

The usual end user questions; many this month are answered
by FAQ entries.

Trademark Registrations

The Hadoop registration has been published in the USPTO register for
its 30 day notice period!  Waiting on legal-internal@ for counsel
to make an application for another very popular Apache project (that
has requested it).

Checked in trademark-registrations.csv to begin tracking of
various registered marks renewal, etc. dates.

24 Jan 2012 [Shane Curcuru]

Operations And Community

Formally contacted Team OpenOffice.org e.V. again to insist that they
correct their misuse of our OpenOffice.org brand.

Approve request for Apache Rat's potential project name.

Approved clarifications of Apache Extras project guidelines and package
naming suggestions brought up in conjunction with ComDev; thanks to Chris
Mattman, Benson, and others for their helpful work on the thread.

External Requests

As usual, answered a handful of regular brand usage requests on trademarks@,
typically by referring to our published policies and FAQs.  FAQ drafts
to provide answers for more common publishing requests are in the works.

Trademark Registrations

The CEO of Sonatype has agreed to assign the "Maven Central" mark
registration to the ASF once their US application is completed, as
part of the MOU the Maven PMC is working on with Sonatype.

21 Dec 2011 [Shane Curcuru]

Operations And Community

The Apache OpenOffice podling has chosen that as their official name
going forward (by a [VOTE]).

The Apache OpenOffice podling, trademarks@, and press@ dealt with a number
of potential misuses of the OpenOffice.org brand, in particular a fundraising
campaign run by a German charity Team OpenOffice e.V..  Along with a number
of private requests to Team OpenOffice, we've also issued an open letter to
the larger ODF ecosystem to better tell the branding story of where
OpenOffice.org and Apache OpenOffice are going in the future.


Special thanks to several of the Apache OpenOffice mentors who were working
on the community and other aspects of this issue.

External Requests

Team OpenOffice e.V. requested permission from the Apache OpenOffice podling
to create a separate software product branded as OpenOffice.org.  This
request has been denied.

As usual, answered a handful of regular brand usage requests on trademarks@,
typically by referring to our published policies and FAQs.

Trademark Registrations

The existing Hadoop mark registration has been transferred from Larry Rosen to
SFLC / Aaron Williamson as our contact attorney.

16 Nov 2011 [Shane Curcuru]

Operations And Community

Robert Burrell Donkin has been doing some great work clarifying and simplifying
the Incubator's trademark policies to ensure that new podlings are aware of
brand and naming issues when they enter incubation - many thanks.

While many trademarks policies could still use clarifications or more FAQ
entries, much of the future work we will likely be doing on branding as
relates to our own projects will be about best practices or suggested
guidelines for projects, or for providing branding advice or help to
projects that ask for it.

I held a small but very useful Branding & Trademarks Meetup at ApacheCon.
About 15 attendees had a great discussion, both in terms of sharing
expectations and in terms of answering questions and making suggestions
for documentation or procedure improvements.  Thanks to all who attended -
I think I learned as much as everyone else did!

I created an "Apache Software Foundation" Google+ organization page.

External Requests

Several regular trademarks@ participants have been starting to step up to
answer simple third party questions, which I also appreciate.  We should
have some more FAQ's available soon that will help in this process (i.e.
when a simple question that's already covered comes up, any Trademarks
Committee members should be able to reply with a "please see this FAQ" email.)

Working with the Lucene PMC to provide guidance on their email to a potential
infringement of the Lucene logo.

Trademark Registrations

I will be working with VP, Legal to secure appropriate legal counsel (either
pro bono or paid, as needed) to ensure that our trademark registration needs
are met, both for the Apache mark and specific requested project marks.

26 Oct 2011 [Shane Curcuru]

Operations And Community

UIMA and a third party asked for clarification of when TM is needed in logos.
Current consensus is that it is important for the primary project logo, but
not strictly required on other graphical branding elements, especially
smaller logos or cases where the association is clear.

Discussions about what a "distribution of Apache Foo" truly means, and how
we should allow third party names in a similar style continue to crop up.
While every case is unique, it's clear that given our limited resources,
we need a general policy that is fair and appropriate to allow us to simplify
the process for evaluating third party requests or uses of Apache marks
in their product names.

External Requests

trademarks@ is now receiving OpenOffice.org mark usage requests from the
previous OOo website form.  The issue of how to manage this mark is still not
clearly decided, and trademarks@ will push to work with the AOOo podling to
get a more concrete plan around its future branding.

Similarly, the AOOo podling's work at identifying social media accounts that
use aspects of the OpenOffice.org branding is another area where the AOOo
project's end user focus and large, pre-existing brand is another area where
our projects are requesting more guidance in terms of controlling our brands.

Still waiting on the Maven PMC completing its work on maven.org domain name
MOU and confirming it with Sonatype.  (repeat from last month)

Trademark Registrations

A new registration for our Apache mark in various classes is being discussed
with counsel.

21 Sep 2011 [Shane Curcuru]

Operations And Community

Tomcat and trademarks@ have been working with a number of third parties to
correct potential infringements or grant simple permissions.

The Apache Flume podling has requested an evaluation of their project name
vis-a-vis another registered mark; more feedback from people experienced with
our trademark policy is needed to ensure we can provide projects with
timely advice on naming issues.

External Requests

Still waiting on the Maven PMC completing its work on maven.org domain name
MOU and confirming it with Sonatype.  (repeat from last month)

Trademark Registrations

Larry forwarded correspondence from Oracle dealing with past details of
some OpenOffice.org trademark registrations.  This will require coordination
between trademarks@, legal-internal@, and ooo-private@ going forward, and
speaks to the very large scope of the OpenOffice.org donation to the ASF,
and to our future plans for ensuring we have the capacity to manage
the many brands our projects now use.

Brand management is becoming a bigger issue with several projects trying to resolve trademarks, and wide variations of understanding Apache policy and appropriate responses to third parties.

AI Shane: prepare discussion for board face-to-face in Vancouver AI Shane: report on Apache trademark application next month

17 Aug 2011 [Shane Curcuru]

Operations And Community

The Apache OOo podling has had a wide variety of discussions about the future
of OpenOffice.org, both its code, its brand, and its domain(s).  The
question of the kinds of uses we will allow for the OpenOffice.org brand and
domain name will be a key issue to resolve both for the Apache OOo podling as
well as the large existing community of users.

External Requests

Still waiting on the Maven PMC completing its work on maven.org domain name
MOU and confirming it with Sonatype.  (repeat from last month)

Several parties have already contacted us requesting permissions for either
new or continued uses of our new OpenOffice.org marks.

Permission request from planetcassandra.org, a Cassandra blog aggregator run
by a third party; expect to grant permission since they've done a great job
branding it fairly.

Trademark Registrations

Larry has submitted the registration for the "Hadoop" mark; no status updates
are expected for a number of months (the USPTO process is lengthy).

I have signed trademark grant forms from Yahoo! for the Oozie mark and logo,
and from Oracle for a wide variety of OpenOffice.org marks and logos.  Much
work will be in the years ahead tracking registration renewals, including
minor budget request increases, and most importantly pro bono counsel time.

It was noted that the nofollow links policy is not yet finalized.

20 Jul 2011 [Shane Curcuru]

Operations And Community

A number of PMCs are now using the Apache Trademark Reporting Guidelines
to make first contact and work on branding issues with third parties using
their respective marks.

Working with fundraising@ on [PROPOSAL] of Apache Corporate Recognition
Branding Policy [1] to address per-project Thanks! pages and other kinds
of outbound links to commercial third parties.  Much of this falls between
fundraising@ and management of Sponsorship programs, and Branding in terms
of how to document for projects website best practices.

Worked with Concom on several third party event sites and approvals.

External Requests

Still waiting on the Maven PMC completing it's work on maven.org domain name
MOU and confirming it with Sonatype.

The Hadoop PMC had a number of great discussions on what it means for a
third party product to "include" or be "compatible" with Hadoop.  This kind
of discussion continues to cry out for a more detailed policy and a new
options to the "Powered By" phrasing that we suggest third parties use for
their products that include Apache products.  Volunteers needed!

Jim denied an independent developer's question as to using the name "Apache"
in their webserver product.  Imitation as a form of flattery?

Trademark Registrations

Trademarks@ is working with legal-internal@ on a number of registrations or
transfers. In the future, we will need notably expanded EA and counsel
assistance on managing registrations.

SFLC reports that the "Apache" registration should be re-submitted shortly.
Unfortunately no specific agreement has yet been reached with the third party
currently using the name with respect to hardware.

Larry has volunteered to submit the "Hadoop" registration; trademarks@ will
coordinate with the Hadoop PMC.

Oracle has volunteered to transfer a large number of OpenOffice.org related
marks from around the world to the ASF.  Trademarks@ is reviewing the specific
transfer agreement to ensure it covers our concerns and expects to sign
this shortly.

Yahoo! is in the process of donating their Oozie mark to the ASF for
the newly hatched Oozie podling, related to Hadoop; we merely await
the signed paperwork.

[1] http://www.apache.org/foundation/marks/linking.html

Larry reports that the OpenOffice.org trademark assignment waiting Oracle's signature, and that the Hadoop registration application is waiting for dates of first use from PMC.

15 Jun 2011 [Shane Curcuru]

Operations And Community

The Domain Name Branding Policy passed the [VOTE] and is final; the Tomcat PMC
has already used this to work with the tomcatexpert.com domain holders to
ensure their branding gives proper credit to our communities.

Emailed pmcs@ reminding them to follow up and report on their branding progress,
including linking to the newly published PMC Branding Responsibilities [1]
and Apache Trademark Reporting Guidelines [2].  Several PMCs are also now using
our sample contact letter for third parties using our marks [3].

A member erroneously forwarded a trademarks@ message to their employer,
reportedly not realizing the list is privately archived.   Sent a
"trademarks@ private list etiquette" email to remind subscribers.

Awaiting feedback on legal-internal@ of the status of (re-)starting trademark
registrations for Apache and Hadoop.  Note the registration for Apache was
temporarily withdrawn while counsel work with a third party on a consent
agreement for longstanding previous (non-infringing) uses.

Thanks to Jukka for starting work on a feather with TM.

External Requests

The Maven PMC continues to work productively with Sonatype on an MOU for
the maven.org domain name and its use.

The Tomcat PMC is doing a great job of policing their brand, and serves as
an example of best practices.  Note that they have an outstanding request to
legal-internal@ needing assistance in contacting the unreachable developers
of an iPhone app.

Working with the Hadoop PMC on a number of third parties using our Hadoop
mark in a wide variety of new ways.

Yahoo! reports that they have completed updating all websites with the old
"Yahoo! Distribution of Hadoop" naming which was requested earlier.

Received information on some existing OpenOffice.org (a podling starting in
the incubator) and Open Office (an unrelated product) trademarks, which
trademarks@ will work with legal-internal@ to track when the podling is created.

[1] http://www.apache.org/foundation/marks/responsibility.html
[2] http://www.apache.org/foundation/marks/reporting.html

19 May 2011 [Shane Curcuru]

Operations And Community

It is clear from a number of events recently that we still have a significant
amount of work to do in explaining our branding policy both to our projects as
well as to the many vendors who use our products.

The Domain Name Branding Policy up for a [VOTE] to finalize which I hope to
announce the results of immediately after the board meeting.

I have asked legal-internal@ to begin the process of registering our "Hadoop"
mark for our software product.

External Requests

The Maven PMC has contacted Sonatype about their non-attribution of our Maven
trademark, however Sonatype has not yet (as of this writing) responded.
The PMC is also continuing work with Sonatype on the issue of the central
repository oversight and branding issues.

Concom has been alerted that Cloudera is planning to run their Hadoop World
conference in NYC simultaneously with ApacheCon in Vancouver.  While there
is an agreement about their conference name, this points out the fact that we
need to ensure that any brand licensing policies we have have very clear
expectations and especially are carefully reviewed to ensure they cover all
aspects that are important to our brand image and our communities health.

Joyent based their new Trademark policy for Node.js on our formal policy as
they blogged, which was a nice recognition of our work:


20 Apr 2011 [Shane Curcuru]

Operations And Community

Reviewing board reports shows that a number of projects have not actually
reported a branding status update. Of projects that have reported status,
most are nearing completion, except for adding TM's to graphics & logos.
Will send followup to pmcs@ and will need assistance confirming that all
projects report branding status in reports going forward until complete.

Looking for more feedback/review of the draft Domain Name Branding Policy [1]
before finalizing it and using that as the basis of a Service Naming policy.
I urge all board members to review [1] and provide feedback on trademarks@,
since I think it best expresses the ethos of how we want to allow uses
of our marks in non-software product areas.

External Requests

The Maven PMC has begun working directly with Sonatype on the management of
the central repository Maven uses, which I believe is the most important
issue to resolve.  There are some other existing strictly branding-related
issues to work on with Sonatype, which are progressing slowly due to lack
of volunteer cycles.

Assisting the Hadoop PMC on contacting several software vendors using our
Hadoop mark in a variety of ways.

Reviewed a trademark question from an aspiring musical rap artist who wants
to name their band after one of our projects.

[1] http://www.apache.org/foundation/marks/domains.html

Doug asks whether VP Brand Management should identify the marks that we want to register. Shane replies that there are a small number of projects that we probably want to register. Shane asks how urgently the board wants to have all projects in compliance with branding policy. Greg replies that it's not urgent. Shane observes that we are tracking compliance.

16 Mar 2011 [Shane Curcuru]

One board-level issue: Discussion item 8.A: Trademark protection strategies.

Operations And Community

Published version 1.0 of Third Party Event Branding policy [1] after a vote
on the concom@ list.  Concom has signed an MOU with a third party in the past
codifying their specific use of our brand(s) within their event, so any MOUs
should specify the version number of the policy being conformed to.

Worked with Concom on questions around Cloudera's Hadoop World, Yahoo!'s
Hadoop Summit, and FuseSource's CamelOne events.

Projects report good status on implementing Branding Requirements, although
a large number of projects are either pushing back or having difficulty
adding the TM to primary project logos.

External Requests

Prepared a letter addressing Sonatype's use of our Maven mark in various cases
and reviewed with Maven PMC.  At PMC's request, awaiting feedback from Jim on
his meeting with the Sonatype CEO first.

Reviewed and did not object to Cloudera's new Hadoop-related product
name, with some mixed consultation with the Hadoop PMC and counsel.

[1] http://www.apache.org/foundation/marks/events.html

16 Feb 2011 [Shane Curcuru]

One board-level issue: Discussion item 8.A: trademark policy ownership.

Operations And Community

Drafted Third Party Domain Names policy [1], based on trademarks@ discussion
and the existing Event branding policy; I expect a forthcoming Third Party
Services policy to be similar.  An expanded "Rationale" or ethos behind our
branding policy is likely to grow into a larger "Why our trademarks
are important" document which should help third parties much more quickly
explore uses of our marks that are acceptable.

Began to use legal-discuss@ to request broader legal suggestions for specific
kinds of brand policy questions.  It is still difficult to get a large amount
of feedback (either there or on trademarks@) for new policy ideas.

Projects continue to report status on implementing Branding Requirements.

Continued a number of discussions including private@maven relating to
trademarks and especially use of "MVN" as a separate mark than "Maven", as
well as clarified guidelines that plugin names may use different standards
than full software product names.   Many thanks to Brian and Brett for
organizing many of the threads there.

External Requests

Awaiting feedback from Jim on a meeting with the Sonatype CEO to determine
next steps to address Sonatype's use of our Maven mark in various cases.

Contacted a number of third parties about uses of Apache marks, including use
in certified training classes, which is a new category of use.

Greg as VP, Subversion contacted WANdisco on their use of our registered
Subversion mark, with specific remediations requested.  I'm looking forward to
seeing how effective and timely Subversion's approach is, since the original
email was very well written.

Yahoo!, Cloudera, and IBM have all confirmed that they plan to change the
branding of their respective "...Hadoop" products to conform to our policy.

[1] http://www.apache.org/foundation/marks/domains.html

19 Jan 2011 [Shane Curcuru]

One board-level issue: Discussion item 8.A: trademark policy ownership.

Operations And Community

Projects continue to report status on implementing Branding Requirements; we
are making good progress so far although there is still a lot of work to

Updated the draft Third Party Event Branding Policy and sought consensus
on promoting to final.  Working with trademarks@ and legal-discuss@ on
expanding the Event branding policy concepts to cover domain names and
services.  The primary mission of Apache is the distribution of software
products for the public good; we need to clarify what our brand and marks
policies are for other items, like services, that Apache and it's projects
may not offer directly.

Trademarks@ continues to discuss our "licensing" policy for recognizing
third party uses of our marks that we approve of.  This will be an ongoing
issue for the year, both to define our branding policy, as well as to define
any potential legal agreements we choose to make.

Continuing work on private@ on followup issues related to Sonatype's
use of our Maven mark and with the PMC to understand their expectations for
our management of the Maven brand.  Note that the Maven PMC's drafting of
their own trademark guidelines is one of the reasons for discussion item
8.A above.

External Requests

Contacted a number of third parties about uses of Apache marks; all are either
cc:'d or bcc:'d to relevant PMC private@ lists.

Greg is working with Legal Affairs to work on the appropriate action to take
towards WANdisco's various mis-uses of our Subversion registered mark.  Given
Subversion's past corporate history, Greg is taking this on as VP, Subversion,
although in the future we need to clearly document whether a PMC's VP or
VP, Brand should be driving any legal-related actions around brand.

Working with VP, Concom to finalise Event policies and issue appropriate
approvals for upcoming third party events.

External Meetings

Had a call with Cloudera's CEO to discuss their use of our Hadoop mark; call
report sent to trademarks@ and private@p.  They plan to comply with
our requests for renaming their CDH product, although the rebranding work
will take some time on their website.

15 Dec 2010 [Shane Curcuru]

One board-level issue: Sonatype's behavior around the Maven mark (below).

No changes in Brand budget are currently expected.

Operations And Community

Projects continue to report status on implementing Branding Requirements and
have brought good questions back to trademarks@ both about guidelines and about
various third party uses.

A bug was spotted in the Branding Requirements by the DB PMC: trademarks should
be used as adjectives, and not nouns; this will be updated shortly and once
a set of Trademark Policing guidelines is ready, will be pushed to pmcs@.

Drafted and published a number of Trademark FAQ's to more easily cover
specific types of third party uses of our marks.

External Requests

Contacted a number of third parties about uses of Apache marks; all are either
cc:'d or bcc:'d to relevant PMC private@ lists.

Contacted a number of third parties using our Hadoop mark, both on general
branding issues and in particular for Cloudera and Yahoo! about their use
of Hadoop in software product names.  Third parties in this case should look
to our Powered By... guidelines:


Contacting several third parties about their use of our Subversion mark is
on hold pending feedback and clarification over trademark policies with
the Subversion PMC.

Several third party non-product-related uses of Apache marks were brought up
on trademarks@ this month.  This both speaks to our popularity, and the fact
that we have a central place for dealing with these issues.  It also brings up
some policy questions in terms of how actively we wish to pursue third parties,
especially when they are not directly software product related.

External Meetings

Jim, Larry and I had a call with the CEO and legal counsel of Sonatype
to discuss both Sonatype's use of our Maven mark, as well as to clarify
past statements by Sonatype's marketing officer.  We came away with much more
understanding of the positions of our two organizations relating to the use
of our Maven mark, however not all issues were resolved.

17 Nov 2010 [Shane Curcuru]

One board-level request: potential funding for graphic designer (Discussion).

Volunteer graphical design energy is historically difficult to find and
especially keep active.  Hiring/contracting a part time graphical designer
could go a long way to improving the public image of our websites - both
a.o and project websites.  Key tasks: making a.o style actually look good;
producing a proper set of feather image variants (including ones for
inclusion on TLP pages); offering graphic design service to projects.

Operations And Community

Some positive reactions to the Branding Requirements have come back from PMCs,
as well as a few discussions and improvements.  Next step is to publish
Trademark Policing Procedures to committers@ next month, so that all
committers are aware of what to do about trademarks.  Awareness of trademarks,
both in general and allowable uses, seems to be widely varied across committers.

I will contact projects about including the branding checklist in their
quarterly reports until each project is updated.

Discussed upcoming marks actions with several PMCs to get project feedback
on various third party uses.

Discussed many branding issues at ApacheCon with a variety of PMC members, and
also with some external analysts.  Requested RedMonk to assist on branding
strategy as part of our existing engagement.

Working with Subversion PMC to normalize trademark policy; they still have
their legacy trademark policy from pre-Apache time posted.

External Requests

Contacted third parties about the use of our Solr mark on their websites.

20 Oct 2010 [Shane Curcuru]

No board-level issues noted. [1]

Operations And Community

Apache Project Branding Requirements have been sent to pmcs@.
The policy includes a checklist of brand-related items that PMC
chairs are requested to include in their future quarterly board reports
until their project is compliant.  Projects were asked to comply
with branding requirements by the end of Q1 2011.

Several PMCs have responded with clarifying questions, as well as
several reports of potential infringement of their products'
marks by third parties, which will be followed up on trademarks@.
I've also asked the Incubator PMC to work on updating the
Podling guidelines to ensure they will match the branding
requirements when new TLPs graduate in the future.

External Requests

Requested assistance of VP, Legal and counsel to assist with
potential misuse of our Maven mark; investigation is ongoing.

I attended the Lucene Revolution conference and answered a number
of questions at our booth about Apache branding.

[1] Note that a number of trademark-related issues crossed over to
board@ this month; please let me know on trademarks@ if the board
has any specific response to issues.

The board discussed the ownership and possible misuse of the Maven brand, and Larry Rosen is involved in discussions with the lawyer.

AI Jim contact the CEO to try to resolve the issue.

22 Sep 2010 [Shane Curcuru]

No board-level issues noted.

Operations And Community

Submitted a [DRAFT] Event Branding Guidelines to concom@ to provide
some much more specific rules for third parties running events using
our marks; this is becoming a very popular question with many third
parties wanting to run Apache project-branded or related events; some
of the branding of these events is starting to cause concern.

Apache Project Branding Guidelines still awaiting sufficient
personal time to kickoff (kindergarten started last week!).

External Requests

Answered several non-infringing questions from third parties.

Received a new report of a third party in Indonesia mis-using our
branding; will work with legal-internal@ as needed to review how
best to file any appropriate complaints.

18 Aug 2010 [Shane Curcuru]

No board-level issues noted.

Operations And Community

Overall it was a very quiet month.

Apache Project Branding Guidelines will be sent to to pmcs@
next month; delay due to lack of volunteer time this month.

External Requests

A Lucene subproject approached trademarks@ asking about the
suitability of their proposed Incubator podling name.  The
conversation was moved to legal-internal@ to discuss the
specific legal issues around the name.

An external vendor approached trademarks@ in relation to using
the Tomcat logo on a button at events; working with concom@
to provide an answer since it's event-related.

Approved by general consent.

21 Jul 2010 [Shane Curcuru]

No board-level issues noted.

Operations And Community

Apache Project Branding Guidelines will be updated with minor
clarifications based on feedback from trademarks@ and introduced
to pmcs@ in the next month.

Process of registering the "Apache" mark is in progress with
counsel; I will follow up to see what updates to the main website
are needed to reflect the status.

VP, Subversion is working to formalize the previous "Subversion"
trademark agreements made by Subversion Corp. previously with various
organizations to reflect the assignment (and now management) of
those marks to/by the ASF.

External Requests

We received and replied to several questions about potential fraud
using the Apache name.  Apparently an organization in India has been
using a number of variations of "Project Apache" or "Apache Project"
either to sell software or as some sort of money making scheme.
Several users emailed various lists at the ASF asking "Is this you?".
I've replied to each noting that the ASF does not have a relationship
with that organization; that our software is always available for
free; and that only information at apache.org is official ASF policy.

trademarks@ will be investigating reporting the offending domain names
as infringing to their webhosts, and may ask legal-internal@ for
further advice in dealing with this issue.

Work continues with several organizations to correct infringements
of our marks in association with websites and several products.
While we need to ensure that our marks are respected, for
organizations that show a willingness to improve, we should be
cognizant that changes sometimes take time to complete.

16 Jun 2010 [Shane Curcuru]

No board-level issues noted.

Operations And Community

Apache Project Branding Guidelines are published but unexpected
drains on time this month have delayed rollout to projects.

Note that the "Subversion" registered trademark in the US has been
transferred to the ASF from Subversion Corporation.  Process of
registering the "Apache" mark is still in progress with counsel.

The primary committers of the Apache iBATIS project have forked
the code, and have re-branded their follow-on project as mybatis and
mybatis.net at http://mybatis.org/.  Brian Fox of Apache Maven is
ensuring that the primary Maven POM groupID of org.apache.ibatis
is still controlled by the ASF.

External Requests
Answered various non-infringing related questions; other than some
confusion around iBATIS, it was a reasonably smooth month.

Work is in progress with several organizations and one individual to
correct infringements of our marks in association with websites
and several products.  Other corporations are receptive to our
requests for updating their use of our marks, although in some
cases the process seems to be a lengthy one.

19 May 2010 [Shane Curcuru]

Board-level item: See discussion item A; I'd like to ensure the
board is on board with these guidelines.

Operations And Community

Published complete draft of Apache Project Branding Guidelines that
will be rolled out to projects shortly (see discussion item A).

Asked legal-internal@ to begin process of registering the "Apache"
name as a trademark with USPTO.  I plan to similarly register the
feather as well in the future once we clean up the graphics.  This
is part of my plan to ensure that we're clearly marking and claiming
our own trademarks.

Asked for volunteers on site-dev@ to add a "TM" to the feather graphic
and on other top-level sites.

Asked legal-internal@ for details of ensuring trademark rights of
logos, including a specific case related to a project logo.

Conduct internal [POLL] and determine that the ASF should accept
donations and maintain registrations of existing well-known domain
names containing our marks that PMCs wish to maintain as pointers
to their projects.

External Requests
Answered various non-infringing related questions, including suggesting
best practices changes on Apache project websites.

Work is in progress with several organizations to correct infringements
of our marks in association with websites and a product.

Working with Hadoop PMC to determine proper use of potential new
security-related trademark which is also being requested for outside
(i.e. third party) use in relation to events and other giveaways.

The document being reviewed can be found at http://www.apache.org/foundation/marks/pmcs/

21 Apr 2010 [Shane Curcuru]

No board-level issues noted.

Operations And Community

Published first of many trademark usage FAQ's that should greatly simplify
future end-user questions.  Similarly checked in overall ToDo list
to encourage more committee participation.

Approved and created JIRA to get the donated ofbiz.org domain name
transferred to the ASF so we can continue to point it at the project.

External Requests
Answered various non-infringing related questions.

Worked with Microsoft, Red Hat, and Yahoo! in conjunction with Noirin
as VP, Concom to ensure appropriate usage of our marks at specific
third party run events.

Work is in progress with two organizations to correct infringements
of our marks in association with a website and a product.

Compliments to Shane on running this function smoothly.

17 Mar 2010 [Shane Curcuru]

No board-level issues noted.  Submitted a small budget to cover
registration of select ASF trademarks.

Operations And Community

Sally/Serge/Shane f2f meeting now scheduled for next week, which should
allow us to publish more ideas and guidelines in our areas.

Seeking more input on trademarks@ on branding and marks principles.

External Requests
Answered various non-infringing related questions.

Many thanks to Larry and Legal PMC for beginning work with Eclipse
on an understanding about the Eclipse Scout and Apache Scout projects.
This points out that part of our key branding guidelines includes
the use of Apache in our project and product names.

17 Feb 2010 [Shane Curcuru]

No board-level issues noted.  Expect a small (<$5,000) budget
request from Brand Management for select trademark registrations.

Operations And Community
Submitted draft principles for brand management and trademark
licensing, along with a preliminary list of Trademark FAQs to the
trademarks@ list for discussion.

February meeting with Sally and Serge to work out details of PRC
break up was postponed to later in Feb due to bad weather.

External Requests
Answered various non-infringing related questions.

Acknowledged existing merchandising policy in relation to request
for shirts for the community from an ASF member.

Forwarded a potential name conflict with Apache Scout (a subproject
of Web Services) to Eclipse in relation to their proposed new
Scout project.

Approved transfer of Subversion registered trademarks to the ASF,
asking ASF counsel to arrange the details.

Working with Lucene PMC to better clarify policy relating to
potentially commercial links on project websites, when used in
relation to services requested by the community.

20 Jan 2010 [Shane Curcuru]

No board-level issues noted.

Operations And Community
Policy discussion quieted down over the holidays, but is expected to
pick up soon to better define our trademark guidelines.

Apache Pivot was warned about a potential trademark conflict with a
Microsoft project named Pivot (that they appear to have applied for a
registered trademark on), however the PMC preferred to keep
their name.

Our previous two SpamAssassin trademark registrations were allowed
to go abandoned (last month; was omitted from SpamAssassin report).
Given the well-established use with our software product, I don't
believe this will be an issue going forward.

Planning on attending February meeting with Sally and Serge to work
out details of PRC break up, including budget and responsibilities.

External Requests
Answered various non-infringing related questions.

VP, Concom signed the Memorandum of Understanding between the Apache
Software Foundation and Cloudera with regard to Hadoop World, after
consulting with counsel and trademarks@.  The agreement is for a year,
at which point both our overall trademark use guidelines and any
event-specific guidelines (worked out in conjunction with Concom)
should be well defined, ensuring that any future agreements comply
with our overall guidelines.

Shane clarified that the F2F with Sally and Serge will be in the Boston area.

16 Dec 2009 [Shane Curcuru]

Issues for board attention
See agenda item 8A.

Notices to the board
I've formed an Officer's committee to assist in Brand Management, comprised
of Upayavira, Jukka Zitting, Craig L Russell, Grant Ingersoll, Noirin
Shirley, Jim Jagielski, Lawrence Rosen and Doug Cutting.

Operations And Community
Created trademarks@ as our operational mailing list for managing
trademarks; this is privately archived, member subscribeable, and used
to discuss policy and to answer external requests about marks; there
are currently 21 members subscribed.  We're in the process of moving
trademark-related discussions to this list instead of prc@.

We plan to use site-dev@ for issues relating to "look and feel" branding,
in conjunction with VP, Marketing and Publicity.

Discussed a proposal for new Powered By logo guidelines, and hope that
more projects will adopt official Powered By logos.

Larry drafted a nice "here's a reminder of our policies" default email for
use as a base to answer trademark use requests, which was used for
the TomcatExpert request below.

Bertrand wrote a Foundation blog entry educating the public that the ASF
only publishes official information on the apache.org or apachecon.com
domains, and that web content on any other domain is not from the ASF
itself.  This is to address the issue of both potential fundraising
websites and other community support websites that are run by others.

External Requests
Answered various non-infringing related questions.

SpringSource notified us of their plan to launch tomcatexpert.com, a
community support and information site for Apache Tomcat.  After reviewing
the site and asking for some specific changes, sent SpringSource our
default email, with a reminder to respect our marks.

IBM asked if they could use a modified but obviously Apache Hadoop elephant
logo in a IBM logo of theirs for an unspecified project.  The request was
denied, because it would be a clear infringement of the actual Hadoop
elephant that identifies our software product.

18 Nov 2009

Appoint a Vice President of Brand Management

 WHEREAS, the Board of Directors deems it to be in the best
 interests of the Foundation and consistent with the
 Foundation's purpose to appoint an officer responsible
 for Brand Management, including but not limited to
 management of the ASF's trademarks, service marks, and
 related ASF logos.

 NOW, THEREFORE, BE IT RESOLVED that the office of
 "Vice President, Brand Management" be and hereby created,
 the person holding such office to serve at the direction
 of the Board of Directors, and to have primary responsibility
 of managing the ASF's trademarks and brand; and be it further

 RESOLVED, that Shane Curcuru be and hereby is appointed to
 the office of Vice President, Brand Management, to serve in
 accordance with and subject to the direction of the Board
 of Directors and the Bylaws of the Foundation until death,
 resignation, retirement, removal or disqualification, or
 until a successor is appointed.

 Special Order 7F, Appoint a Vice President of Brand
 Management, was approved by Unanimous Vote of the directors

 The board further acknowledges that officer's committee was established
 to assist in this work, initially consisting of: Upayavira, Jukka
 Zitting, Craig L Russell, Grant Ingersoll, Nóirín Shirley, Jim
 Jagielski, Lawrence Rosen and Doug Cutting.

21 Aug 2002

Request for use of feather mark from Bradford Learning / Covalent

 Brian Beck (Bradford Learning) and Jim Harter (Covalent) are
 seeking permission to use the Apache feather logo for Web-based
 training courses on Apache 2.0. The logo appears in similar fashion
 and location in each module throughout the course. Bradford Learning
 and Covalent Systems are co-developers of this course. The usage is
 in a Flash graphic, with http://www.bradfordlearning.com/wts/
 being a typical example (use the pre-filled login).

 By unanimous vote, this request was approved.  Dirk volunteered
 to be the contact point for this request.  It was suggested that
 Dirk inquire on the feasibility of Bradford Learning actually
 donating the graphic to the ASF.

27 Feb 2002

Lars Eilebrecht wants approval to use the Apache feather on his german version of Andrew Ford's Apache httpd reference card

    The following resolution is proposed:

    RESOLVED, that the Apache Software Foundation approves use of
    the Apache feather trademark by Lars Eilebrecht for the purpose of
    an Apache httpd reference card.

 The resolution was proposed and seconded,  and was voted upon.  The
 resolution was approved by unanimous vote of all directors present.

21 Mar 2001

Tripwire request for permission to use Apache name

 Tripwire has requested written approval to use the Apache name
 in a new product implemented as a plugin module for the Apache
 HTTP server.   The name would be

    "Tripwire for web pages, Apache edition, powered by Covalent"

 This request has been granted. The ASF will await the formal written
 request to be received, at which point Jim will sign and return.

21 Mar 2001

Covalent request for permission to use Apache name

 See foundation/Licenses/Covalent-PB.txt

 This request has been granted. The board recognizes that Jim
 has sent the required authorization to Covalent.

15 Nov 2000


 Dirk suggested that we should make an effort to officially register
 the use of Apache and the multi-colored feather as an ASF trademark.
 This led to a general discussion about retaining counsel for the ASF
 (next item) and will be postponed until such time as that relationship
 is established.

24 Jul 2000

Official policy regarding use of the Apache name for such things as the CPAN Apache:: class hierarchy

This item was tabled in the interests of time.