Octality Trademark Policy
Introduction
This document outlines the policy of Octality S.L. (Octality from here on) regarding the use of its trademarks. Any use of any Octality trademark must be in accordance with this policy. As used in this memo, "trademarks" means not just Octality's logos, but also the names of its various products, as well as the name Octality and Octality S.L.
The Octality trademarks include, among others, the names Octality®, Cherokee Web Server®, as well as their respective logos. As time goes by Octality will eventually register others and update this policy.
This trademark policy intends to balance two competing interests: Octality's need to ensure that its trademarks remain reliable indicators of quality; and the desire to permit community members, software distributors and others hthat Octality works with to discuss Octality's products and to accurately describe their affiliation with Octality. Achieving a a proper balance is a difficult task.
Underlying Octality's trademark policy is the general law of trademarks. Trademarks are associated with the source of products, and consumer tend to associate organizations (and their trademarks) with the quality of such products. When an organization permits others to place their trademarks on goods of lesser quality, consumer trust evaporates quickly. Avoiding these situations is what Octality seeks -- especially since, when it comes to intangible products like software, trust is all consumers have to decide on.
Octality's trademark policy is composed of a number of specific rules, most of which reflect the overarching requirement that your use of Octality's trademarks be non-confusing and non-disparaging. By non-confusing, Octality means that people should always know who they are dealing with. Websites and software that are not produced by Octality shouldn't imply, either directly or by omission, that they are. By non-disparaging, we mean that, outside the bounds of fair use, you can't use our trademarks as vehicles for defaming us or sullying our reputation. These basic requirements can serve as a guide as you work your way through the policy.
Octality's trademark policy begins by outlining some overall guidelines for the use of Octality's trademarks -- including the names Octality, Cherokee Web Server, and Octality and Cherokee Web Server logos -- in printed materials. It then addresses a series of more specific topics, including the use of Octality's trademarks on linking to Octality's website and the use of Octality trademarks in domain names.
Overall Guidelines for Printed Materials and Web Sites
Octality encourages the use of its trademarks in marketing and other publicity-related materials, including but not limited to advertising stating that a person or organization is shipping, selling or using Octality products and services. Of course, any use of an Octality trademark is subject to the overarching requirement that its use be non-confusing.
The following basic guidelines apply to almost any use of Octality's trademarks in websites and printed materials, including marketing and other publicity-related materials:
- Proper Form - Octality's trademarks should be used in their exact form -- neither abbreviated nor combined with any other word or words;
- Accompanying Symbol - The first or most prominent mention of an Octality trademark should be accompanied by a symbol indicating whether the mark is a registered trademark ("®") or an unregistered trademark ("™");
- Notice - The following notice should appear somewhere nearby (at least on the same page) the first use of an Octality trademark: "[TRADEMARK] is a ["registered", if applicable] trademark of Octality S.L., http://www.octality.com";
- Distinguishable - In at least the first reference, the Trademark should be set apart from surrounding text, either by capitalizing it or by italicizing, bolding or underlining it.
However, many uses of Octality's trademarks are governed by more specific rules, which appear below.
Linking
So long as you don't do anything that might confuse visitors to your website, or that might violate the Overall Guidelines for Printed Materials, above, Octality invites you to link to Octality's website. Octality even provides the banners and buttons to facilitate this task: Octality Branding
Domain Names
If you want to include all or part of a Octality trademark in a domain name, you have to receive written permission from Octality. People naturally associate domain names with organizations whose names sound similar. Almost any use of an Octality trademark in a domain name is likely to confuse consumers, thus running afoul of the overarching requirement that any use of a Octality trademark be non-confusing. To receive written permission, please contact us.
Logos and Merchandise
Some things are permitted and some are not - at least not without asking Octality - when it comes to Octality's trademarked logos ("logos," for short).
You may use them freely though only for yourself and your friends (meaning people from whom you don't receive anything of value in return). You can't put the Octality logo on anything that you produce commercially -- at least not without receiving Octality's permission. There are two additional broad categories of things you can't do with Octality's logos. The first is to produce modified versions of them since that could lead to consumer confusion. The second concerns high-resolution copies of Octality logos, which you cannot have or use. If you've a very good reason to seek an exception to the rule against having and using high-resolution copies of Octality logos please contact us.
Questions
Octality has tried to make the trademark policy as comprehensive as possible. If you're considering a use of an Octality trademark that's not covered by the policy, and you're unsure whether that use would run afoul of Octality's guidelines, feel free to contact us and ask. Please keep in mind that Octality receives lots and lots of similar questions, so please review all available documentation before contacting us.
