eCosCentric Trademark Policy
This document describes the trademark policy that applies to all eCosCentric Word Marks and Logos: eCos, eCosPro and eCosCentric (the eCosCentric Marks), and additional clauses regarding the specific use of the eCos Word Mark and Logo (the eCos Marks).
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eCosCentric is the owner of the eCos Trademark and eCos Logo, in the US and other countries. The marks were acquired from the Free Software Foundation on 26th February 2007. The Trademark and Logo were previously owned by Red Hat. All agreements as to the use of the eCos Trademark and Logo entered into with either (a) Red Hat or (b) the FSF, prior to eCosCentric's acquisition of the Trademark and Logo, will continue to be honoured by eCosCentric.
1.1.1 Conditional Use
eCosCentric have permitted the conditional use of the eCos Marks by those who wish to use and show their support of the eCos real-time operating system. For example, displaying the eCos logo on a website. The Trademark and Logo may be used without specific written permission from eCosCentric under the following conditions:
- eCosCentric must be attributed as the owner of the eCos Trademark and Logo (see Section 4.4 below)
- The use must not be detrimental, i.e., harmful or damaging, to the value of any of the eCos Trademarks, to the eCos community, or to eCosCentric Limited and its brand integrity, reputation or goodwill, as determined by eCosCentric in its sole discretion
- If used on a website, the logo is permitted to be a clickable link, but may only link to either the eCos overview page on eCosCentric's site at http://www.ecoscentric.com/ecos.shtml, or the home page of the public eCos project website http://ecos.sourceware.org/
- Freely available releases of eCos that are based on the sources from ecos.sourceware.org may use the eCos Mark and Logo to identify themselves as an eCos distribution.
- The term "eCos" may not be incorporated into another trademark related to embedded software. This includes company, service, and product names. Permission for any such use must be expressly granted by eCosCentric in a signed, written agreement
- The eCos trademark and logo may be used to promote your own products or services, provided that these products or services are clearly related to the eCos Real-Time Operating System, as provided on http://ecos.sourceware.org/, AND that this Section and Sections 3 and 4 below are clearly adhered to. eCosCentric, however, reserves the right to withdraw this permission in its sole discretion.
- The limited license given herein does not include the right to use any other eCosCentric trademark or logo
- The use of the Logo under this Section 1.1 must also comply with applicable provisions of this Trademark Policy, including (without limitation) Section 3 and Section 4
1.1.2 Electronic Goods and Products
The eCos Trademark and Logo may be used to acknowledge or document the use of eCos (in accordance with the eCos License) in electronic goods and products that use the real-time operating system, or promote these products.
1.1.3 Publications and Presentations
The eCos Trademark and Logo may be used to promote any publication, article, lecture or other presentation that is specifically focused on eCos. That is, they may be used in the titles of publications, such as books or magazines, or in connection with presentations, provided that:
- the use is referential only
- the use complies with this Trademark Policy
- your name or mark and logo appear in a prominent location on the cover and title page of all publications and on all materials related to the presentations and should appear more prominent than the title incorporating the eCos trademark or logo on all printed materials related to the publications or presentations
- you should not attempt to establish trademark or other proprietary rights by registering or attempting to register the titles of publications or presentations as trademarks, service marks, corporate names or trade names when the eCos trademark or logo is to describe the content of a publication or presentation
1.2 Other Use
If you have special needs that are not covered by the above, please email eCosCentric. to request special permission to use the eCos trademark or logo. Permission for such use will not be unreasonably withheld and a reasonable administration fee may be levied depending on the needs and requirements.
1.3 General Terms
eCosCentric Limited reserves the right to revoke this authorisation at any time in its sole discretion. For example, if eCosCentric believes that your use of the eCos Logo is detrimental to the eCos trademark or is otherwise unacceptable, eCosCentric will revoke this authorisation. Upon revocation of this authorisation by eCosCentric, you shall immediately cease using the trademark or logo. If you do not immediately cease using the trademark or logo upon revocation by eCosCentric, eCosCentric may take whatever action it deems necessary to protect its interests and rights.
Although as a general rule you must never modify the design or change any colors when using the eCos logo, you may adjust the overall size of the logo, so long as adjustments are made proportionally.
USE OF THE ECOS MARKS IS AT YOUR OWN RISK. THE USES PERMITTED UNDER THIS SECTION 1 ARE PROVIDED BY ECOSCENTRIC "AS IS," WITHOUT ANY WARRANTIES WHATSOEVER, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY OF NON-INFRINGEMENT. YOU AGREE TO INDEMNIFY AND DEFEND ECOSCENTRIC AND HOLD ECOSCENTRIC, ITS SUCCESSORS AND ASSIGNS, HARMLESS OF AND FROM, ANY CLAIM, ACTION, SUIT, LOSS, COST, EXPENSE OR OTHER DAMAGES OR LIABILITY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COSTS OF INVESTIGATION) ARISING OUT OF OR RESULTING FROM YOUR USE OF THE ECOS MARKS IN VIOLATION OF THIS TRADEMARK POLICY.
You agree that you will not acquire rights in any eCosCentric Mark through your use of the eCos Marks. By using the eCos Marks, you agree to the terms contained in this Trademark Use Policy.
No person or entity may use (or authorise the use of) any of the eCosCentric Marks and Logos in any manner other than as expressly authorised by eCosCentric in a written agreement or as in Section 1.1. eCosCentric reserves the right to revoke any such authorisation at any time in its sole discretion, such as where use does not strictly conform with the requirements of this Trademark Policy and/or eCosCentric's written authorisation.
Unauthorized use of the eCosCentric Marks or marks that are confusingly similar may constitute an infringement of eCosCentric's trademark rights and is strictly prohibited. Without the express prior written consent of eCosCentric, no eCosCentric Mark may be used in a manner that implies an affiliation with or sponsorship by eCosCentric.
3.2 Third Party Marks
Unless expressly authorized by eCosCentric in writing, third parties generally may not use any eCosCentric Marks as part of their company names, trademarks or logos. In other words, no person or entity may combine any eCosCentric Mark with any third party trademark without the express prior written consent of eCosCentric.
3.3 Internet Domain Names
No third party may create, register or attempt to register an Internet domain name that includes "eCos" or any of the eCosCentric Marks or any marks that are confusingly similar to the eCosCentric Marks in a way that is detrimental, i.e., harmful or damaging, to the value of any of the eCosCentric Marks, or to eCosCentric, its brand integrity, reputation or goodwill, as determined by eCosCentric in its sole discretion.
3.4 Damaging Use
The eCosCentric Marks may not be used in a manner or with respect to products that will decrease the value of the eCosCentric Marks or otherwise impair or damage eCosCentric's brand integrity, reputation or goodwill, including (without limitation) use in a manner that is unethical, offensive, disparaging, defamatory, illegal or in bad taste.
4.1 eCosCentric Marks
The current eCosCentric Marks are listed in Section 1 and Section 2 above. These lists will be updated from time to time at the sole discretion of eCosCentric. In addition, eCosCentric may, at its sole discretion, modify the eCosCentric Marks at any time. Please refer to the this policy document periodically to ensure your compliance.
The absence of a trademark, service mark, trade name or logo from the lists above does not constitute a waiver of eCosCentric's trademark or other intellectual property rights.
4.2 Proper Trademark Use
Always use eCosCentric Marks as proper adjectives. A trademark is an adjective and must not be used as a verb or noun or in the possessive or plural forms. For example, when using eCos as a trademark, correct usage of the mark may be "The eCos Real-Time Operating System", "The eCos RTOS" or "The eCos Kernel".
The trademarks should always be correctly capitalized. Do not use all upper or lower case letters when referring to the trademarks. Incorrect: ecOS, ecoscentric, eCosPRO. Correct: eCos, eCosCentric, eCosPro.
eCosCentric Logos may only be used as stand-alone icons in accordance with this Trademark Policy, without any other third party logos and/or trademarks combined or associated with them, unless expressly authorised in writing by eCosCentric.
Any eCosCentric Logo shall only be used in conjunction with eCosCentric products and services, except as specifically agreed in writing by eCosCentric or in Section 1.1 above.
4.3 Provide Trademark Notice Symbols
When using any eCosCentric Mark, you should use the ® symbol. This symbol provides notice to third parties of eCosCentric's rights in its marks.
eCosCentric word marks must bear the trademark notice symbol ® in the first and most prominent usage of a mark and again in the first appearance of a word mark in the text or body of copy. Notice symbols must always appear with all eCosCentric Logos. Wherever possible, trademark notice symbols should be superscripted immediately after all eCosCentric Marks. Once proper trademark notice symbols are used, and a eCosCentric Mark is correctly attributed to eCosCentric (as further explained below), in permitted materials, it is not ordinarily necessary to mark subsequent appearances of the trademark in the same text.
All eCosCentric Marks that are used by third parties must be attributed to eCosCentric with our standard trademark attribution statement. The statement must always be a complete sentence, and ordinarily be placed in a visible place in the material referencing the eCosCentric Marks, e.g., on the copyright page, on the last page of the material, on the bottom of a web page, on a website's trademark policy page, or on product packaging. The following attribution statement must be used in all material referencing the eCosCentric Marks:[Insert relevant mark] is a registered trademark of eCosCentric Limited
[Insert relevant marks] are registered trademarks of eCosCentric Limited
Subject to 5.2, any dispute, difference or disagreement arising out of or in connection with the use of any eCosCentric Mark or Logo in accordance with this or any other agreement shall be referred to the arbitration in London, U.K., of a single arbitrator appointed by agreement between the eCosCentric and the other party within 30 days after a request for a reference is made by either eCosCentric or the other party, nominated on the application of either party by the President for the time being of the The Law Society of England and Wales.
Clause 5.1 shall not:
- apply to any dispute, difference or disagreement in respect of which the provisions of this Agreement specify the consequences; or
- preclude the making of an application to the Court for injunctive relief.
6.1 Third Party Licensors
Some eCosCentric products include technology used under license from third party licensors. You must not use any such third party trademark without express permission from the owner. This Trademark Policy is limited to eCosCentric Marks and does not apply to marks owned by third parties.
6.2 Possible Infringements and Misuse
Please report possible infringements and/or misuses of the eCosCentric Marks and Logos, and/or violations of this Trademark Policy by emailing eCosCentric.
6.3 Questions and Comments
For any questions and comments regarding this policy please email eCosCentric.
Trademark Policy FAQ
- What is a trademark?
- Why is eCosCentric enforcing the eCos trademark?
Anyone can provide an operating system, but trademark law prevents others from indicating that the source of the operating system was from the recognised free public distribution of eCos when it actually was not. eCosCentric is enforcing the eCos trademark to prevent any one party from duping the marketplace into believing that the eCos it is providing actually came from the recognised free public distribution of eCos when it did not. Trademarks are important because they help to prevent confusion in the marketplace by distinguishing the source of a product, in this case eCos. Should eCosCentric elect not to enforce the trademark and logo, these can fall into common use and thereby become difficult to defend should a party decide to use these to describe an operating system that is not derived from the recognised free public distribution of eCos, currently held on ecos.sourceware.org.
For example, at one time, only Bayer could sell acetylsalicylic acid using the name Aspirin, and everyone knew the source of the product. But through lack of active enforcement of the trademark, it eventually fell into use as a generic moniker for the drug. In the 1920s, courts officially ruled that Aspirin was a generic name and that consumers did not associate the name with any particular producer. A second example is Hoover which has become so associated with vacuum cleaners in Britain as to become a genericized trademark. The word "hoover" (without initial capitalisation) is often used as a generic term for "vacuum cleaner". Hoover is also used as a verb, as in "Have you hoovered the lounge yet?".
- Does enforcing the trademark conflict with the eCos license?
No. eCos is distributed under the terms of the GNU General Public License (the "GPL"), plus an exception to allow an application linked with the operating system to be provided for under a separate license. The GPL permits third parties to use and redistribute the underlying software under certain circumstances. The GPL does not provide any license or right to use the eCos Mark or Logo in any form or media. Thus, although a GPL licensee may redistribute the underlying software, a GPL licensee may not use the eCos Mark or Logo in any manner they choose. They can only do so in accordance with an agreement provided by the trademark owners, eCosCentric Limited.
- To whom does this Trademark Policy apply?
This Trademark Policy applies to all eCos users, distributors and providers as well as eCosCentric's authorised partners, authorised resellers, licensees, customers, and users of eCosCentric's products and services, or products that incorporate eCosCentric's products or services, as well as other third parties who wish to use the eCosCentric Marks (referred to as "Third Parties" or "you"). However, except as expressly provided in Section 1.1, this Trademark Policy does not constitute a license, implied or otherwise, to use any eCosCentric Mark or the eCosCentric company name. Although we encourage use of the eCos Mark and Logo as provided in Section 1.1 above, generally, no person or entity may use any eCosCentric Mark without the prior, express written permission of eCosCentric.
By adhering to this Trademark Policy, you help eCosCentric to prevent confusion in the marketplace and to protect and enhance the value and integrity of the eCos Mark and Logo. eCosCentric appreciates your cooperation in this effort.
- Why control the use in publications and presentations?
The rules for use of the eCosCentric Marks in publications are aimed at avoiding eCosCentric or the eCos open source project appearing to sponsor, endorse, or be directly connected with the work in some way.
- What should I do if I have further questions, or suspect a violation of this policy?
You should email eCosCentric.