no-endorsement clauses

Bruce Dodson bruce_dodson at hotmail.com
Tue May 7 16:07:06 UTC 2002


I have a question / observation about the no-endorsement clause found in 
some licenses:

3. The name Zope Corporation (tm) must not be used to
   endorse or promote products derived from this software
   without prior written permission from Zope Corporation.

My question is this: Zope has not expressly granted the right to use their 
name, trademarks, etc.  Do they have to expressly deny this right to their 
software licensees?  In what way does licensing software from a company 
entitle you to use their name / trademarks without permission?

I ask because I have used a clause like that in the past, added to a stock 
MIT license, in some small open source applications / libraries that I have 
distributed.  (That seems to make it equivalent to the BSD license, but I 
prefer the overall wording of the MIT license.)


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