GPLv3 Appropriate Legal Notices and Restrictive Trademark Grants

[Daniel Chalef]

Hello all,

If this isn't the right place for discussion of this topic please do point
me in the right direction. [I recall a debate around this list being for
discussion of licenses approval issues.]

I've come across the following application of Section 7(b) of the GPLv3 in
conjunction with a restrictive trademark grant.

It is my understanding that restricting the use of the trademarks (for
commercial use, "destroying brand value" etc), in turn creates additional
restrictions on the use of the software and source code, which would be in
violation of the GPLv3.

Am I correct or somewhat misguided? :-)

Daniel


<snip>
1. Notices and Attribution:

a. The interactive user interfaces in modified source and object code
versions of this program must display Appropriate Legal Notices, as required
under Section 5 of the GNU General Public License version 3. In accordance
with Section 7(b) of the GNU General Public License version 3, these
Appropriate Legal Notices must retain the display of the "Powered by
web.address" AND "Our Logo" logos.

b. If the display of the logos are not reasonably feasible for technical
reasons, the Appropriate Legal Notices must display the words "Powered by
web.address" AND "Our Logo"

c. The Logo/words "Powered by web.address"  must be a clickable link that
leads directly to the Internet URL http://web.address. The Logo/word
"OurName" must be a clickable link that leads directly to the Internet URL
http://www.OurName.com.


2. Use of the web.address or OurName Logo:

OurNameÙ and web.addressÙ are registered trademarks of OurName Ltd. This
license allows limited use of these trademarks under the following terms:

a. All the trade marks of the licensor under consideration for the agreement
including 'web.address' and 'OurName' shall be used exclusively for the
purpose of this agreement and shall not be used for any other purpose/s
unless a written consent is obtained from the licensors.

b. The limited license to use the web.address and OurName trade marks, given
herein does not include the right to use the 'web.address' Logo or any of
the other OurName Logos as a trade mark to promote any products or services
commercially. For example, no logo of web.address or OurName may be used on
any product packaging or documentation, such as (but not limited to) on
CD-ROM or diskette labels or packaging, websites, books or other
publications. Any such use must be expressly authorized by OurName in a
signed, written agreement.

c. While using the web.address or OurName logos the users must never modify
the design, vary the spelling of the words, add or delete any words, add or
delete any symbol or sign or change any colors or proportions. The logo may
be scaled proportionally. When using any web.address or OurName logo trade
marks, the users shall use the TM symbol, which provides notice to third
parties of OurNameÌs rights in its trade marks. web.address or OurName trade
marks must bear the trademark notice/symbol (TM) in the first and most
prominent usage of a trade mark and again in the first appearance of a trade
mark in the text or body of copy. Notice/symbols must always appear with all
web.address or OurName trade marks. Wherever possible, trademark notice
symbols should be superscripted immediately after all web.address and/or
OurName trade marks.

d. The use must not be detrimental, i.e. harmful or damaging, to the value
of web.address brand or any of the other OurName Marks, or to OurName, its
brand integrity, reputation or goodwill, as determined by OurName in its
sole discretion.

e. Any act of the users against the above mentioned conditions amounts to
the violation of the IPRs of the licensor i.e. OurName, related to trade
mark and punishable under the Trade Marks Act, 1999 and rules made
thereunder, as well as the Copyrights Act, 1957 and rules made thereunder.

f. Please report any possible infringement and/or misuse of any web.address
and/or OurName trade marks and/or a violation of this Trademark Policy at
legal at OurName.com


3. Dual Licensing:

The licensors hereby reserve the right to diverge and/or modify and/or
expand their product to have a closed source / proprietary  version of the
product along with the open source version in future.
</snip>
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