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Trademark and logo policy
This policy was adapted from the Drupal Trademark and Logo Policy.
The ATK Framework trademark — i.e. the words "ATK" and "ATK Framework", whether or not in capitals — are unregistered trademarks of ibuildings.nl, who allow their use by the GitHub atkphpframework organization to foster the use of the ATK Framework. Although you are encouraged to use the ATK Framework trademark (and the official ATK logo, which is itself a use of the ATK Framework trademark) for your own purposes, you must first obtain a license. You can either obtain this license automatically, or through a license grant procedure, as further explained below in this policy.
This policy therefore first explains whether you receive an automatic license, or whether you need to obtain a license through the license grant procedure. In addition, this policy explains which "rules of use" apply when you use the ATK Framework trademark (whether you obtained the license automatically, or through the license grant procedure).
This policy was created so that the ATK Framework trademark would be consistently used. It tries to cover the most typical use cases for the ATK Framework trademark, and by imposing simple rules, aims to create a level playing field for everyone interested in using the ATK Framework trademark.
Do not assume that this policy will answer every question you may have about the use of the ATK Framework trademark. There will be scenarios where your intended use of the ATK Framework trademark is not entirely covered by this policy, or where you have doubts as to whether or not a specific rule applies. In all these cases, please pose questions to the GitHub atkphpframework group, or to ibuildings.nl.
This section explains whether you are entitled to an automatic license (in which case you can use the ATK Framework trademark without having to complete or receive any document), or whether you need to follow the license grant procedure. You will only be entitled to an automatic license when you are in any of the situations described under subsection A below, and not simultaneously in any of the situations described under subsection B below.
You receive an automatic license when:
1. You exclusively use the ATK Framework trademark to either extend or improve the ATK Framework software, or to encourage the use of the ATK Framework software (in short "foster the ATK Framework software" ).
Examples of "fostering the ATK Framework software":
- a course entitled "How to use ATK Framework in your business" organized by a local non-profit organization;
- an open access monthly journal called "ATK Framework Coding magazine";
- an open source Apache plugin "JIT Compiler for ATK Framework";
- a freely distributed homebrew ATK Framework theme "John's ATK Framework Christmas Theme";
- a website "atkframeworkhalloffame.com" with pictures of famous ATK Framework contributors;
- administering a database with ATK Framework bugs and corresponding workarounds.
- creating a ATK Framework fork "ImprovedATKFramework";
- publishing a website "atkframeworkhallofshame.com" with pictures of infamous ATK Framework contributors.
- a charitable organization selling t-shirts with the ATK Framework trademark to sponsor its fight against global warming;
- a company selling t-shirts with the ATK Framework trademark, while donating 25% of the profits to ATK Framework developers.
- A high-traffic website "AtkFrameworkInDepth.com" containing sponsored ads, qualifies for an automatic license when the profits generated from these ads (minus hosting costs and other obvious costs incurred for maintaining the website) are used to pay a full-time developer working on the new open source ATK Framework template engine.
- An ATK Framework contributor wants to start a website called "NewToAtkFramework.com", with helpful tutorials aimed at people new to the ATK Framework. This website contains ads under the form of sponsored links, which would normally exclude the automatic license. However, in good faith any money earned is used to directly to support the ATK Framework project. Hence, this website can benefit from an automatic license.
- The New York ATK Framework user group sells t-shirts with the ATK Framework trademark to sponsor its functioning. This also qualifies for an automatic license.
Example uses for which you receive an automatic license:
- a course entitled "Acme's ATK Framework Gold Course" or "Acme's ATK Framework Certification Course" or "Acme's Learn to Code using the ATK Framework";
- a domain name that is used for commercial purposes and is entitled "atkframeworkacme.com" or "commonusesofatk.acme.com";
- a domain name that is exclusively intended to foster ATK Framework use, and is entitled "atkusersgroupcalifornia.org" or "atkunofficialfaq.com";
- an open source plugin to connect Acme's SQL-server to the ATK Framework software;
- a commercial plugin to connect Acme's SQL-server to the ATK Framework software, called "Acme's SQL plugin for the ATK Framework";
- a ATK Framework course entitled "ATK Framework" that is taught at a generally recognised educational institute;
- a free ATK Framework seminar entitled "Creating websites with the ATK Framework", organized by a local non-profit organization
- a commercial website hosted under domain name "commonusesofatk.com";
- a commercial course entitled "ATK Newbies Course 2012".
Example titles for which you receive an automatic license:
- "ATK Framework ninja secrets: the complete guide", "Monthly ATK Framework Bits", "ATK Framework in Depth", "ATK Framework Step by Step", "John Smith's ATK Framework 1.5 Guide", "Illustrated ATK Framework Guide", "More effective ways to use the ATK Framework", "ATK Framework Screenshot Guided Tour", "Beginning ATK Framework", "ATK Framework inside out", "ATK Framework for network professionals".
- "ATK Framework 7", "Official ATK Framework Guide", "The Official ATK Framework Book".
- "ATK Framework Bootcamp 2009", "Annual ATK Framework Meeting", "ATK Framework Gathering New York", "ATKCamp Antarctica".
5. You want to display the official ATK Framework logo (whether for commercial or non-commercial use) in a standalone and unaltered form.
- "Standalone" means that the ATK Framework logo is not part of another logo. For example, a local Spanish ATK Framework user group that would like to create a "ATK Framework Spain" logo by extending the word "ATK Framework" with the word "Spain" (in the same font and color), will not be entitled to an automatic license. "Unaltered" means that the ATK Framework logo cannot be changed in any way — e.g., by changing the color, by slightly altering the shape of the letters, etc.
- Examples for which you receive an automatic license: creating a banner that displays the ATK Framework logo; using the ATK Framework logo on your (commercial or non-commercial) website; displaying the ATK Framework logo on product packaging; selling a t-shirt with the ATK Framework logo printed on the back.
Examples:
- describing a new ATK Framework release in a review;
- referring to the ATK Framework in a comprehensive overview of web application frameworks;
- complaining in a blog about a missing feature in the ATK Framework software;
- reporting about a ATK Framework conference on your personal homepage.
- a procedure called atk_add_link();
- a constant called ATK_AUTHENTICATED_RID;
- a variable named $atk_tag;
- a set of source code files called atk.module and atk.js.
The license grant procedure must always be followed when you are in one or more of the following situations (even when you would also be in any of the situations under subsection A above).
1. The use of the ATK Framework trademark suggests an "official link" between your product or service and the ATK Framework project (the atkphpframework/atk project and its contributors on GitHub).
Examples:
- a domain name "atkofficialfaq.com";
- a domain name "atksupport.nl";
- a company called "ATK Framework Services Inc.";
- a course entitled "ATK Framework Exams".
Examples: "atkcon, "atkconference", "atkconvention", "ATK Conference", "ATK Convention", "ATK Association".
3. The ATK Framework trademark is used as part of another registered trademark.
Example:
- a trademark "ATK Framework Module Optimizer".
Examples: "atk.com", "atkframework.info","atk.co.uk".
5. The ATK Framework trademark is used as part of a domain name that covers either an entire category of products or services that are relevant to the ATK Framework community, that covers an entire target group of ATK Framework users or that is otherwise too generic.
Examples for which the license grant procedure must be followed: "atk-design.com", "atk-themes.co.uk", "atk-modules.com", "atk-support.nl", "atk-hosting.com", "atk-administrators.co.uk", "atk-tshirts.com", "atk-magazine.com", "mobileatk.com", "atk-intranet.com", "atk-services.com", "atk-development.co.uk".
6. The ATK Framework trademark is used in a domain name, title of a website, title of a seminar, title of a course or title of a software package that is not exclusively intended to foster the ATK Framework software, and this domain name or title does not also mention your trademark (or your trade name, name of your company, name of your organization, or name of your association).
Examples:
- when a "ATK Framework Course for New Administrators" is organized by a local ATK Framework community, the license grant procedure does not need to be used — even when a $600 registration fee would be requested — because the money earned is exclusively used to foster the ATK Framework software;
- when the same course is organized by a commercial organization and not all of the profits earned are used to foster the ATK Framework software, the license grant procedure must be followed;
- when the same course is organized by a commercial organization, but under the name of "Acme's ATK Framework Course for New Administrators", the license grant procedure does not need to be used, even when none of the profits earned are used to foster the ATK Framework software;
- when a commercial organization "Acme" has a product called "ATK Framework River" that is not exclusively intended to foster ATK Framework software, the license grant procedure must be followed;
Examples: a company named "ATK Framework, Inc.", "ATK Framework Experts GmbH" or "ATK Framework Support BV"; "ATK Framework Hosting LLC"; an organization called "ATK Framework Peru" or "ATK Framework User Group Germany".
8. You want to use the official ATK Framework logo in altered form or as part of another logo.
9. There is any doubt as to how this policy should be interpreted or applied to a specific case.
In the license grant procedure, you must submit a request to ibuildings.nl, including your contact details and a description of the intended use of the ATK Framework trademark. It is not known how long it may take for your application to be evaluated, or the conditions under which your application may be approved or rejected.
Although licenses are granted at the sole discretion of ibuildings.nl, the following factors will likely be taken into account during the license grant procedure:
With respect to a ATK Framework-related product or service, it will be considered whether the product or service:
- does not suggest an official link;
- promotes or expands ATK Framework adoption and usage;
- is not a fork of the ATK Framework, and does not promote or encourage forks of the ATK Framework;
- is licensed in a way that is compatible with the ATK Framework open source license;
- substantially strengthens and empowers the ATK Framework community;
- is of a high quality in both form and function;
- is created by significant contributors to the ATK Framework project;
- is created by those with a track record of liberally "giving back" to their communities;
- in the case of a domain name, does not create an unfair monopoly towards others because it spans a relevant category of services.
- With respect to the name of a company, organization or association, it is considered whether:
- the name does not suggest an official link;
- the company / organization or association is founded by significant contributors to the ATK Framework project, who have a track record of liberally "giving back" to their communities.
With the exception of the "nominative fair use" of the ATK Framework trademark, your use of the ATK Framework trademark is subject to the following rules (irrespective of whether you followed the license grant procedure or obtained an automatic license):
1. Any use of the ATK Framework trademark implies acceptance of this policy.
2. The ATK Framework trademark cannot be used for illegal, defamatory or humiliating purposes, or any other purpose that may negatively impact the ATK Framework software.
Examples:
- a ATK Framework fork entitled "A Better ATK Framework";
- a domain name "atk-is-worthless.com" (note, however, that merely mentioning or referring to the ATK Framework software — for example in a critical blog post - qualifies as "nominative fair use", to which the rules of use do not apply).
Examples:
- if your company is called "Acme", refer to your ATK Framework certification product as "Acme ATK Framework Certification" or "ATK Framework Certification by Acme" instead of "ATK Framework Certification"; or
- if your company called "Acme" has a ATK Framework podcast, clearly refer to it as the "Acme ATK Framework Podcast", "ATK Framework Podcast provided by Acme" instead of just "ATK Framework Podcast"; or
- if your company called "Acme" has a product or service called "ATK Framework River," clearly indicate that the "ATK Framework River is a product (or service) of Acme" so that there can be no confusion about the true source.
- "ATK Framework is a trademark of ibuildings.nl."
1. Any license granted under this policy, is legally granted as a sub-license by ibuildlings.nl.
2. Any license granted under this policy can be terminated upon sixty (60) days prior written notice if you breach any provision of this policy. If your breach can be cured (and you have not previously breached this policy), you may be granted forty-five (45) days from the date of notice to cure the breach.
3. All implicit or automatic permissions or licenses to use the ATK Framework trademark that were granted before the publication of the current version of this policy are revoked after a grace period of six (6) months (calculated as from the date of publication).
4. This policy may be changed at any time. You accept that all licenses accorded under this policy are non-exclusive, non-transferable, non-sub-licensable, revocable at any time, and subject to changes in policy. Hence, changes in this policy may cause permissions to be revoked or made dependent on additional obligations.
5. Any changes to this policy will enter into force sixty (60) days after publication on the licensing page of the atkphpframework ATK Framework project GitHub wiki (https://github.com/atkphpframework/atk/wiki/).
6. If any provision of this policy would be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceable of such provision shall not affect the other provisions of this policy, so that all other provisions shall remain in full force and effect. In such case, the invalid or unenforceable provision shall be replaced by a valid or enforceable provision that achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable provision.
7. All disputes in connection with this policy or any permission granted by it will be submitted to the applicable Court of Vlissingen, Netherlands. This policy is governed by the laws and regulations of the Netherlands.