Maestro Trademark And Logo Policy

Introduction

Background Information

The Maestro trademarks (MaestroTM, The ERP for EngineersTM, and Trust and TransparencyTM) are unregistered trademarks of Dale R. Scott, who allows their use by the Maestro community to foster the use of the Maestro software. You are encouraged to use the Maestro trademarks and Maestro logo but 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 a Maestro trademark (whether you obtained the license automatically, or through the license grant procedure).

This policy also applies to the official Maestro logo.

Why This Policy Was Created

This policy was created so that Maestro trademarks would be used consistently and fairly. It tries to cover the most typical use cases for a Maestro trademark, and by imposing simple rules, aims to ensure consistent and fair use by everyone.

Limitations Of This Policy

Do not assume that this policy will answer every question you may have about the use of a Maestro trademark. There will be scenarios where your intended use of a Maestro 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 Dale Scott.

Automatic License or License Grant Procedure?

This section explains whether you are entitled to an automatic license (in which case you can use a Maestro 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.

A. Automatic License

You receive an automatic license when:

1. You exclusively use the Maestro trademark to either extend or improve the Maestro software, or to encourage the use of the Maestro software (in short “foster the Maestro software” ).

Examples of “fostering the Maestro software”:

• a course entitled “How to use Maestro in your business” organized by a local non-profit organization;
• an open access monthly journal called “Maestro Coding magazine”;
• an open source Apache plugin “JIT Compiler for Maestro”;
• a freely distributed homebrew Maestro theme “John’s Maestro Christmas Theme”;
• a website “Maestrohalloffame.com” with pictures of famous Maestro contributors;
• administering a database with Maestro bugs and corresponding workarounds.

Examples which do not qualify as “fostering the Maestro software”:

• creating a Maestro fork “ImprovedMaestro”;
• publishing a website “MaestroHallOfShame.com” with pictures of infamous Maestro contributors.

Examples of not “exclusively to foster the Maestro software”:

• a charitable organization selling t-shirts with the Maestro trademark to sponsor its fight against global warming;
• a company selling t-shirts with the Maestro trademark, while donating 25% of the profits to Maestro developers.

“Exclusively” means that any direct profits generated by using the Maestro trademark, must also be exclusively used to foster the Maestro software. Examples:

• A high-traffic website “MaestroIndepth.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 Maestro template engine.
• An Maestro contributor wants to start a website called “NewToMaestro.com”, with helpful tutorials aimed at people new to Maestro. 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 Maestro project. Hence, this website can benefit from an automatic license.
• The New York Maestro user group sells t-shirts with the Maestro trademark to sponsor its functioning. This also qualifies for an automatic license.
• A Maestro trademark is used in a domain name, title of website, title of a seminar, title of a course or title of a software package that is either exclusively intended to foster the Maestro software, or also mentions your trademark (or your trade name, name of your company, name of your organization, or name of your association).

Example uses for which you receive an automatic license:

• a course entitled “Acme’s Maestro Gold Course” or “Acme’s Maestro Certification Course” or “Acme’s Learn to Code in Maestro “;
• a domain name that is used for commercial purposes and is entitled “Maestroacme.com” or “commonusesofMaestro.acme.com”;
• a domain name that is exclusively intended to foster Maestro use, and is entitled “Maestrousersgroupcalifornia.org” or “Maestrounofficialfaq.com”;
• an open source plugin to connect Acme’s SQL-server to the Maestro software;
• a commercial plugin to connect Acme’s SQL-server to the Maestro software, called “Acme’s SQL plugin for Maestro”;
• a Maestro course entitled “Maestro” that is taught at a generally recognised educational institute;
• a free Maestro seminar entitled “Creating websites with Maestro”, organized by a local non-profit organization

Example uses for which the license grant procedure must be followed:

• a commercial website hosted under domain name “commonusesofmaestro.com”;
• a commercial course entitled “Maestro Newbies Course 2012”.
• A Maestro trademark is used in the title of a book, newsletter, video, magazine or similar instructional instrument regarding Maestro that does not suggest an “official link”.

Example titles for which you receive an automatic license:

• “Maestro ninja secrets: the complete guide”, “Monthly Maestro Bits”, “Maestro in Depth”, “Maestro Step by Step”, “John Smith’s Maestro 1.5 Installation Guide”, “Illustrated Maestro Guide”, “More effective ways to use Maestro”, “Maestro Screenshot Guided Tour”, “Beginning Maestro”, “Maestro inside out”, “Maestro for network professionals”.

Example titles for which the license grant procedure must be followed, because an “official link” may be suggested by the title (see B.1 below):

• “Maestro 2”, “Official Maestro Guide”, “The Official Maestro Book”.
• A Maestro trademark is used for the title of a camp or meet-up. Examples:
• “Maestro Bootcamp 2009”, “Annual Maestro Meeting”, “Maestro Gathering New York”, “MaestroCamp Antarctica”.

Note, however, that the license grant procedure must be used when the Maestro trademark is used in combination with the words “conference”, “convention” or “association”.

Examples:

• You want to display the official Maestro logo (whether for commercial or non-commercial use) in a standalone and unaltered form.
• “Standalone” means that the Maestro logo is not part of another logo. For example, a local Spanish Maestro user group that would like to create a “Maestro Spain” logo by extending the word “Maestro” with the word “Spain” (in the same font and color), will not be entitled to an automatic license. “Unaltered” means that the Maestro 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 Maestro logo; using the Maestro logo on your (commercial or non-commercial) website; displaying the Maestro logo on product packaging; selling a t-shirt with the Maestro logo printed on the back. Your intended use qualifies as “nominative fair use” of the Maestro trademark, i.e., merely identifying that you are talking about Maestro in a text, without suggesting sponsorship or endorsement by the Maestro project.

Examples:

• describing a new Maestro release in a review;
• referring to Maestro in a comprehensive overview of content management systems;
• complaining in a blog about a missing feature in the Maestro software;
• reporting about a Maestro conference on your personal homepage.

The use of a Maestro trademark as part of the name of a function, procedure, variable name or similar source code component is also considered “nominative fair use” for which no license is required.

Examples:

• a procedure called maestro_add_link();
• a constant called MAESTRO_AUTHENTICATED_RID;
• a variable named $Maestro_tag;
• a set of source code files called maestro.module and maestro.js.

B. License Grant

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).

The use of a Maestro trademark suggests an “official link” between your product or service and the Maestro project (the Maestro project and its contributors).

Examples:

• a domain name “maestroofficialfaq.com”;
• a domain name “maestrosupport.ca”;
• a company called “Maestro Services Inc.”;
• a course entitled “Maestro Exams”.”

A Maestro trademark is used in combination with the words “conference”, “convention” or “association”, as well as any translation, abbreviation or variation thereof.

Examples: “maestrocon, “maestroconference”, “maestroconvention”, “Maestro Conference”, “Maestro Convention”, “Maestro Association”.

A Maestro trademark is used as part of another registered trademark.

Example:

• a trademark “Maestro Plugin Optimizer”.
• A Maestro trademark is used as part of a “maestro.tld” domain name.

Examples: “maestro.com”, “maestro.info”,”,maestro.co.uk”.

A Maestro trademark is used as part of a domain name that covers either an entire category of products or services that are relevant to the Maestro community, that covers an entire target group of Maestro users or that is otherwise too generic.

Examples for which the license grant procedure must be followed: “maestro-design.com”, “maestro-themes.co.uk”, “maestro-modules.com”, “maestro-support.nl”, “maestro-hosting.com”, “maestro-administrators.co.uk”, “maestro-tshirts.com”, “maestro-magazine.com”, “mobilemaestro.com”, “maestro-intranet.com”, “maestro-services.com”, “maestro-development.co.uk”.

A Maestro 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 Maestro 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 “Maestro Course for New Administrators” is organized by a local Maestro community, the license grant procedure does not need to be used — even when a 00 registration fee would be requested — because the money earned is exclusively used to foster the Maestro software;
• when the same course is organized by a commercial organization and not all of the profits earned are used to foster the Maestro 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 Maestro 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 Maestro software;
• when a commercial organization “Acme” has a product called “Maestro River” that is not exclusively intended to foster Maestro software, the license grant procedure must be followed;

A Maestro trademark is used as part of the name of a company, organization, trade name or association.

Examples: a company named “Maestro, Inc.”, “Maestro Experts GmbH” or “Maestro Support BV”; “Maestro Hosting LLC”; an organization called “Maestro Peru” or “Maestro User Group Germany”.

You want to use the official Maestro logo in altered form or as part of another logo.

There is any doubt as to how this policy should be interpreted or applied to a specific case.

License Grant Procedure

In the license grant procedure, you must submit a request to Dale Scott, including your contact details and a description of the intended use of the Maestro 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 Dale Scott, the following factors will likely be taken into account during the license grant procedure:

With respect to a Maestro-related product or service, it will be considered whether the product or service:

• does not suggest an official link;
• promotes or expands Maestro adoption and usage;
• is not a fork of Maestro, and does not promote or encourage forks of Maestro;
• is licensed in a way that is compatible with the Maestro open source license;
• substantially strengthens and empowers the Maestro community;
• is of a high quality in both form and function;
• is created by significant contributors to the Maestro 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: a) the name does not suggest an official link; b) the company / organization or association is founded by significant contributors to the Maestro project, who have a track record of liberally “giving back” to their communities.

License Rules of Use

With the exception of the “nominative fair use” of a Maestro trademark, your use of a Maestro trademark is subject to the following rules (irrespective of whether you followed the license grant procedure or obtained an automatic license):

Any use of a Maestro trademark implies acceptance of this policy. A Maestro trademark cannot be used for illegal, defamatory or humiliating purposes, or any other purpose that may negatively impact the Maestro software. Examples:

• a Maestro fork entitled “A Better Maestro”;
• a domain name “maestro-is-worthless.com” (note, however, that merely mentioning or referring to the Maestro software — for example in a critical blog post – qualifies as “nominative fair use”, to which the rules of use do not apply).
• The name of your company or organization should be used in combination with the Maestro trademark so that there can be no confusion about the true source (company, organization, association or author) of your product or service. The combination of the name of your product or service with the Maestro trademark must be unique and identifiable.

Examples:

• if your company is called “Acme”, refer to your Maestro certification product as “Acme Maestro Certification” or “Maestro Certification by Acme” instead of “Maestro Certification”; or
• if your company called “Acme” has a Maestro podcast, clearly refer to it as the “Acme Maestro Podcast”, “Maestro Podcast provided by Acme” instead of just “Maestro Podcast”; or
• if your company called “Acme” has a product or service called “Maestro River,” clearly indicate that the “Maestro River is a product (or service) of Acme” so that there can be no confusion about the true source.
• A Maestro trademark should be accompanied by the following text (or an appropriate translation):
• “Maestro is a trademark of Dale Scott.”

Other Legal Stuff

Any license granted under this policy, is legally granted as a sub-license by Dale Scott.

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.

All implicit or automatic permissions or licenses to use a Maestro 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).

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.

Any changes to this policy will enter into force sixty (60) days after publication on the licensing page of the Maestro project wiki (https://github.com/dalers/maestro/wiki/).

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.

All disputes in connection with this policy or any permission granted by it will be submitted to the applicable Court of Calgary, Canada. This policy is governed by the laws and regulations of the Canada.

This policy was adapted from the Drupal Trademark and Logo Policy.