gistfile1.md

Open-source logo licensing

Our open-source project (CocoaPods) has a logo drawn by a commissioned designer (@maxsteenbergen). Basically, we want Max Steenbergen to retain his copyright over the logo, but give us (CocoaPods) an exclusive license to do what we want, as described below.

We want our users to:

1. BE ABLE to use the logo AS-IS for CocoaPods promotional purposes. Some examples are:

• In a blog post about (amongst others) CocoaPods.
• On the website of a commercial continuous-integration platform, to indicate they support CocoaPods projects.
• Sell (i.e. commercial) stickers/t-shirts/mugs etc with the logo on it.

2. NOT BE ABLE to use the logo for commercial or non-commercial purposes outside the context of CocoaPods. Some examples are:

• In a blog post about the physical fruit.
• On a website of a commercial build-tool platform, that uses the logo just for its recognizability (i.e. piggy-back on CocoaPods’ fame).

I have been looking at the Creative Commons licenses and I think we need either CC-ND or CC-NC-ND. My main questions are:

• Is there a way that we can add the ‘must be in a CocoaPods context’ requirement?
• Does the former (CC-ND) disallow the cases described in #2?
• Do the ND variants allow for things like cropping?

Or do we have to go a complete different route and actually register it as a trademark and is that a feasible process for a OSS project like ours?

Comments can be seen/left here, or, if you don’t have a GitHub account, you can send tweets to @alloy.

From @wvanbergen regarding trademarks:

• http://twitter.com/wvanbergen/status/355620256863109121
• http://twitter.com/wvanbergen/status/355620430444367872
• http://twitter.com/wvanbergen/status/355622477176635392
• http://www.wisegeek.org/what-is-the-difference-between-a-registered-trademark-and-a-trademark.htm

From @ManhattanMetric:

• http://twitter.com/manhattanmetric/status/355635110407712768
• http://twitter.com/manhattanmetric/status/355635218272632833
• http://twitter.com/manhattanmetric/status/355636003588943872
• http://opensource.org/trademark-guidelines

1. you should really talk to an IP attorney.
2. copyright law and trademark law are both IP but not related.
3. looks at Apples guidelines. https://www.apple.com/legal/intellectual-property/guidelinesfor3rdparties.html
4. see #1

@dbrajkovic's answer is 100% correct. To do this right, you would really need to talk to an IP attorney.

I had to fight off a crap publisher from writing a book on AFNetworking earlier in the year, and not having AFN trademarked significantly limited my legal recourse.

That said, a global trademark, at least when I was considering it for helios, was estimated to cost ~$100,000. I am not a lawyer, and this does not constitute legal advice, but short of doing it the right way, a CC-NC-ND with explicitly-articulated usage guidelines (in any language) is at least a good stop-gap measure.

Solid answers.

For now I’ll go with the stop-gap solution, because right now I’m more interested in informing people that they can actually use the assets than trying to enforce something.

Hi! I am trying to gain permission to use this logo in a presentation. Who should I email to get that info? Thanks, Nisha