This is the current draft of the proposed policy for the use of Evergreen's word and logo trademarks. On 2012-09-12, the Evergreen Oversight Board voted to recommend this policy for community consideration. After a four-week review period ending on 2012-10-13, the Oversight Board will consider community feedback and vote on whether to approve the policy.

EVERGREEN TRADEMARK POLICY
last modified: September 5, 2012

1 Purpose

The Evergreen Project is a member project of Software Freedom
Conservancy ("Conservancy"). Conservancy holds rights in the Marks
(as defined below) on behalf of the Evergreen Project in accordance 
with its non-profit charitable mission.

Conservancy has adopted this Policy to protect the Marks and to 
make sure that the identity of the Evergreen software and its free 
and open source nature is clear to everyone. By using this Policy, 
the Evergreen Project can spread the use of the Evergreen software 
while making sure that the Marks (as defined below) are protected 
in a way that's consistent with U.S. trademark law.  This Policy is 
written to allow all clear and appropriate use of the Marks while 
disapproving use of the Marks in ways that could confuse users as 
to where the software came from, or that implies an otherwise non-
existent association with the Evergreen Project. By adhering to 
this Policy, you help to promote to the public the freedom to use 
and develop the Evergreen software.

Throughout this Policy, the word "Marks" refers to the  
following:

 * The Evergreen graphic mark ("the Logo"), registered as US 
   Trademark Reg. No. 3,454,582.  The Logo is available for 
   download here:  [LINK]

 * the word marks "Evergreen," "Evergreen ILS," and "EGILS".

This Policy is only concerned with the Marks, and does not address
any copyrights associated with the Evergreen software. The Evergreen 
Project produces free and open source software; the default 
copyright license(s) can be found here: http://git.evergreen-ils.org/?p=Evergreen.git;a=blob;f=COPYING;h=dc9b9f00c958b3efdeeffb92e1909962c0745d3c;hb=HEAD

2 Guidelines for using the Marks

2.1 Trademark symbol on first mention

The first prominent mention of a Mark should be immediately 
followed by a symbol for, as applicable, a registered trademark
(^®) or an unregistered trademark (^TM). For example: "Evergreen^®"
or "EGILS^TM".

This requirement is waived in all contexts where such symbols are 
not required to protect the intellectual property rights associated
with the Marks, such as email, online discussion, and academic papers.  
We encourage the use of the applicable symbols whenever possible, but 
recognize that many users will omit them in non-commercial and 
informal contexts.

2.2 Use of the Marks without written permission

You may use the Marks without prior written permission (subject 
to the other sections):

1. To refer to the Evergreen software in substantially unmodified 
  form. "Substantially unmodified" means built from the source 
  code provided by the Evergreen Project, possibly with minor 
  modifications including but not limited to: the enabling or 
  disabling of certain features by default, translations into 
  other languages, changes required for compatibility with a 
  particular operating system distribution, or the inclusion of
  bug-fix patches.

2. To identify the Evergreen software as a distinct component of a 
  software offering.

3. To factually refer to the Evergreen Project itself, its products, 
  or its protocols.

4. When referring to Evergreen software that is not substantially 
  unmodified, to say that such software is a "derivative of" 
  or "based on" Evergreen.

5. When referring to communities of users in the context of their use 
  of the Evergreen software, e.g., virtual communities, community-
  moderated online forums, consortia of organizational users, etc. 
  ("User Communities"), provided that the Marks are not used to suggest 
  endorsement of any User Community by the Evergreen Project.  User 
  Communities with graphic identities should consult Section 2.5 of 
  this Policy for further guidance.  

2.3 Using the Marks as part of a product and/or service name

You may use the Marks as part of the name of a product and/or service 
designed to work with Evergreen, provided that you abide by all of the 
following requirements:

*  Your offering's name as a whole (via its other components) must clearly 
   and unambiguously distinguish the offering from the Evergreen software 
   itself;

*  The general presentation of your offering must not imply any official 
   association or identity with the Evergreen Project; and

*  You must not attack the validity of the Marks, or engage in any conduct, 
   directly or indirectly that would contest the Marks (whether their 
   validity, enforceability, scope of coverage, or otherwise), any 
   associated goodwill, or Conservancy's rights in and ownership of the
   same.

Because it would be awkward to attach a trademark symbol to a portion of a 
larger name whose other portions might themselves be trademarked, the 
requirement to display the symbol is waived for this circumstance.  


2.4 Prohibited usages of the Marks

You may not use the Marks in any of the following ways without 
express written permission from Conservancy:

 * In any way that creates a likelihood of confusion as to the 
   identity of the Evergreen Project, the provenance of its software, 
   or the software's license.

 * In any way that creates a likelihood of confusion between the Evergreen
   Project and its software, and any third-party entity, product, or 
   service.

 * In any way that indicates a greater degree of association between you
   and the Evergreen Project than actually exists.

 * In any way that implies a designated successor to the Evergreen 
   software (e.g., "Evergreen++" is not permitted).

 * In any way that indicates that Evergreen favors one distribution,
   platform, product, etc. over another except where explicitly indicated
   in writing by the Evergreen Project.

 * In any other way that dilutes or otherwise infringes upon the 
   trademark rights of Conservancy and the Evergreen Project in the 
   Marks.

2.5 Guidelines for using the Logo

To prevent the creation of separate graphic depictions of a Mark 
that would intentionally or inadvertently compete with and dilute 
the Logos, your use of the Logo must comply with the general usage 
guidelines provided in this Policy and the following specific guidelines.  

 * When in use, the Logo must be displayed in its entirety, without 
   being cropped, partially obscured, or deconstructed into sub-elements.  
   The use of a partially obscured, cropped, or deconstructed Logo is
   prohibited.

 * Changing the aspect ratio, perspective, angle of rotation, layout, 
   color scheme (except to black-and-white or gray scale) of the Logo is 
   prohibited. 

 * Changing graphic elements of the Logo, including font or substituting
   the pine needle element for other elements, is prohibited.

 * User Communities can incorporate the Logo into their graphic identities, 
   including User Community-specific graphic marks, provided that they 
   abide by the other terms of this Policy.  
 
 * In addition, User Communities that use the word mark "Evergreen" in 
   their graphic identities must incorporate the Logo into their graphic 
   identity, if such a Logo exists, to prevent the creation of a 
   separate graphic depiction of the "Evergreen" word mark that would 
   inadvertently compete with and dilute the Logo.  For example, the 
   fictitious User Community "Douglas Fir Hackers" can decide to 
   incorporate the Logo into their graphic identity if they so choose.  
   However, the also fictitious "Alaska Evergreen Society" User Community 
   uses the "Evergreen" word mark in its name, and therefore *must* use a 
   graphic identity that incorporates the Logo.  When incorporated, the
   Logo must be used in its entirety, and in accordance with the other 
   terms of this Policy.  User Community graphic identities that depict 
   the "Evergreen" word mark without using the Logo must be approved by 
   both the Evergreen Project and Conservancy. 
 
2.6 Use of the Marks in merchandising

You may create and sell merchandise using the Marks provided that (a) you 
provide the Evergreen Project and Conservancy with written notice of your
intent to use at least seven days before your initial use of the Marks on 
merchandise, and (b) your use otherwise complies with this Policy.  To 
provide written notice, please send a description of your intended use, 
along with specimens (e.g., photos and/or graphic renderings) of your
intended use to trademark@evergreen-ils.org.  The Evergreen Project and
Conservancy reserve the right to disallow your use of Marks in 
merchandising if it fails to comply with this Policy, and/or otherwise goes
against of the spirit of the Evergreen Project and Conservancy's mission.  

The Evergreen Project and Conservancy reserve their rights to object to 
your merchandising use of the Marks if we determine that your use violates 
the other provisions of this Policy.   

2.7 Limitations to this Policy

This Policy does not confer any rights to use the trademarks "Software
Freedom Conservancy," "Conservancy," or to use any other trademarks other
than the Marks listed in Section 1. This Policy does not authorize you to
act as an agent for Conservancy, enter into any agreement on behalf of
or otherwise create any liability for the Evergreen Project or the
Conservancy.

3 Rights reserved by Conservancy

Conservancy reserves the sole right to:

 * Determine compliance with this Policy.

 * Modify this Policy in ways consistent with its mission of 
   protecting the public.

 * Grant exceptions to this Policy, of any kind and for any reason 
   whatsoever, other clauses notwithstanding.

4 Questions

This Policy is designed to keep the Marks safe in order to 
protect this software's reputation, earned by the contributions 
of the Evergreen Project to the free and open source software 
community. If you see any use of the Marks anywhere that you 
think violates this Policy or otherwise goes against the spirit 
of the Evergreen Project and Conservancy's mission, please bring 
it to Conservancy's attention by contacting us at 
<trademark@sfconservancy.org>. 

If you have questions about using the Marks, or if you think you 
should be able to use the Marks for any purpose not allowed by 
this Policy and would like permission for that use, please contact 
Evergreen by emailing <trademark@sfconservancy.org> or by writing to 
Evergreen Project c/o Software Freedom Conservancy, 137 Montague St. 
Ste 380, Brooklyn, NY 11201-3548.