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| 1 | +# PGO Trademark Guidelines |
| 2 | + |
| 3 | +## 1. Introduction |
| 4 | + |
| 5 | +This document - the "Policy" - outlines the policy of The PGO Project (the "Project") for the use of our trademarks. |
| 6 | + |
| 7 | +A trademark’s role is to assure consumers about the quality of the associated products or services. Because an open source license allows you to modify the copyrighted software, we cannot be sure your modified software will not mislead recipients if it is distributed under our trademarks. So, this Policy describes when you may or may not use our trademarks. |
| 8 | + |
| 9 | +In this Policy, we are not trying to limit the lawful use of our trademarks, but rather describe what we consider lawful use. Trademark law can be ambiguous, so we hope to clarify whether we will consider your use permitted or non-infringing. |
| 10 | + |
| 11 | +The following sections describe the trademarks this Policy covers, as well as trademark uses we permit. If you want to use our trademarks in ways this Policy doesn’t address, please see "Where to get further information" below for contact information. Any use that does not comply with this Policy, or for which we have not separately provided written permission, is not a use we have approved. |
| 12 | + |
| 13 | +## 2. We are committed to open source principles |
| 14 | + |
| 15 | +We want to encourage and facilitate community use of our trademarks in a way that ensures the trademarks are meaningful source and quality indicators for our software and the associated goods and services and continue to embody the high reputation of the software and its associated community. This Policy therefore balances our need to ensure our trademarks remain reliable quality indicators and our community members’ desire to be full Project participants. |
| 16 | + |
| 17 | +## 3. Trademarks subject to the Policy |
| 18 | + |
| 19 | +Our trademarks |
| 20 | + |
| 21 | +This Policy covers: |
| 22 | + |
| 23 | +### 3.1 Our word trademarks and service marks (the "Word Marks"): |
| 24 | + |
| 25 | +PGO |
| 26 | + |
| 27 | +### 3.2. Our logo (the "Logo"): |
| 28 | + |
| 29 | +<img width="150" src="./docs/static/logos/pgo.svg" alt="PGO: The Postgres Operator from Crunchy Data"/> |
| 30 | + |
| 31 | +### 3.3 And the unique visual styling of our website (the "Trade Dress"). |
| 32 | + |
| 33 | +This Policy encompasses all Project trademarks and service marks, whether Word Marks, Logos or Trade Dress, which we collectively call the “Marks." We might not have registered some Marks, but this Policy covers our Marks regardless. |
| 34 | + |
| 35 | +## 4. Universal considerations for all uses |
| 36 | + |
| 37 | +Whenever you use a Mark, you must not mislead anyone, either directly or by omission, about what they are getting and from whom. The law reflects this requirement in two major ways described below: it prohibits creating a "likelihood of confusion," but allows for "nominative use." |
| 38 | + |
| 39 | +For example, you cannot say you are distributing PGO software when you're distributing a modified version of it, because you likely would confuse people, since they are not getting the same features and functionality they would get if they downloaded the software from us. You also cannot use our Logo on your website to suggest your website is an official website or we endorse your website. |
| 40 | + |
| 41 | +You can, though, say, for example, you like the PGO software, you are a PGO community participant, you are providing unmodified PGO software, or you wrote a book describing how to use the PGO software. |
| 42 | + |
| 43 | +This fundamental requirement - that it is always clear to people what they are getting and from whom - is reflected throughout this Policy. It should guide you if you are unsure about how you are using the Marks. |
| 44 | + |
| 45 | +In addition: |
| 46 | + |
| 47 | +You may not use the Marks in association with software use or distribution if you don’t comply with the license for the software. |
| 48 | + |
| 49 | +You may not use or register the Marks as part of your own trademark, service mark, domain name, company name, trade name, product name or service name. |
| 50 | + |
| 51 | +Trademark law does not allow you to use names or trademarks that are too similar to ours. You therefore may not use an obvious Mark variant or phonetic equivalent, foreign language equivalent, takeoff, or abbreviation for a similar or compatible product or service. |
| 52 | + |
| 53 | +You will not acquire rights in the Marks, and any goodwill you generate using the Marks inures solely to our benefit. |
| 54 | +## 5. Use for software |
| 55 | + |
| 56 | +See universal considerations for all uses, above, which also apply. |
| 57 | + |
| 58 | +### 5.1 Uses we consider non-infringing |
| 59 | + |
| 60 | +#### 5.1.1 Distributing unmodified source code or unmodified executable code we have compiled |
| 61 | + |
| 62 | +When you redistribute our unmodified software, you are not changing its quality or nature. Therefore, you may retain the Word Marks and Logos we have placed on the software, to identify your redistributed software whether you redistribute by optical media, memory stick or download of unmodified source and executable code. This only applies if you are redistributing official software from this Project that you have not changed. You can find the Logo files [here](/). |
| 63 | + |
| 64 | +#### 5.1.2 Distributing executable code you have compiled, or modified code |
| 65 | + |
| 66 | +You may use the Word Marks, but not the Logos, to describe the software’s origin, that is, that the code you are distributing is a modification of our software. You may say, for example, "this software is derived from the source code from the PGO Project." |
| 67 | +Of course, you can place your own trademarks or logos on software to which you have made substantive modifications, because by modifying the software, you have become the origin of the modified software. |
| 68 | + |
| 69 | +#### 5.1.3 Statements about compatibility, interoperability or derivation |
| 70 | + |
| 71 | +You may use the Word Marks, but not the Logos, to describe the relationship between your software and ours. You should use Our Mark after a verb or preposition that describes that relationship. So, you may say, for example, "Bob's plug-in for PGO," but may not say "Bob's PGO plug-in." |
| 72 | + |
| 73 | +#### 5.1.4 Using trademarks to show community affiliation |
| 74 | + |
| 75 | +This section discusses using our Marks for application themes, skins and personas. We discuss using our Marks on websites below. |
| 76 | +You may use the Word Marks and the Logos in themes, personas, or skins to show your Project support, provided the use is non-commercial and clearly decorative, as contrasted with a use that appears to be the branding for a website or application. |
| 77 | + |
| 78 | +### 5.2 Permitted uses |
| 79 | + |
| 80 | +#### 5.2.1 Distributing unmodified software |
| 81 | + |
| 82 | +You may use the Word Marks and Logos to distribute executable code if you make the code from official Project source code using the procedure for creating an executable found at [https://access.crunchydata.com/documentation/postgres-operator/latest/installation/](https://access.crunchydata.com/documentation/postgres-operator/latest/installation/). |
| 83 | + |
| 84 | +#### 5.3 Unpermitted uses we consider infringing |
| 85 | + |
| 86 | +We will likely consider it an infringement to use the Marks in software that combines our software with another software program. In addition to creating a single executable for both software programs, we would consider your software "combined" with ours if installing our software automatically installs yours. We would not consider your software "combined" with ours if it is on the same media but requires separate, independent action to install. |
| 87 | + |
| 88 | +## 6. Use for non-software goods and services |
| 89 | + |
| 90 | +See universal considerations for all uses, above, which also apply. |
| 91 | + |
| 92 | +### 6.1 Uses we consider non-infringing |
| 93 | + |
| 94 | +#### 6.1.1 Websites |
| 95 | + |
| 96 | +You may use the Word Marks and Logos on your webpage to show your Project support if: |
| 97 | + |
| 98 | +- Your own branding or naming is more prominent than any Project Marks; |
| 99 | +- The Logos hyperlink to the Project website: [https://github.com/CrunchyData/postgres-operator](https://github.com/CrunchyData/postgres-operator); |
| 100 | +- The site does not mislead customers into thinking your website, service, or product is our website, service, or product; and |
| 101 | +- The site clearly states the Project does not affiliate with or endorse you. |
| 102 | + |
| 103 | +#### 6.1.2 Publishing and presenting |
| 104 | + |
| 105 | +You can use the Word Marks in book and article titles, and the Logo in illustrations within a document, if the use does not suggest we published, endorse, or agree with your work. |
| 106 | + |
| 107 | +#### 6.1.3 Events |
| 108 | + |
| 109 | +You can use the Logo to promote the software and Project at events. |
| 110 | + |
| 111 | +### 6.2 Permitted uses |
| 112 | + |
| 113 | +#### 6.2.1 Meetups and user groups |
| 114 | + |
| 115 | +You can use the Word Marks as part of your meetup or user group name if: |
| 116 | + |
| 117 | +- The group’s main focus is the software; |
| 118 | +- Any software or services the group provides are without cost; |
| 119 | +- The group does not make a profit; |
| 120 | +- Any charge to attend meetings is only to cover the cost of the venue, food and drink. |
| 121 | + |
| 122 | +The universal considerations for all uses, above, still apply: specifically, you may not use or register the Marks as part of your own trademark, service mark, domain name, company name, trade name, product name or service name. |
| 123 | + |
| 124 | +### 6.3 Unpermitted uses we consider infringing |
| 125 | + |
| 126 | +We will likely consider it an infringement to use the Marks as part of a domain name or subdomain. |
| 127 | +We also would likely consider it an infringement to use the Marks on for-sale promotional goods. |
| 128 | + |
| 129 | +## 7 General Information |
| 130 | + |
| 131 | +### 7.1 Trademark legends |
| 132 | + |
| 133 | +If you are using our Marks in a way described in the sections entitled "Permitted uses," put the following notice at the foot of the page where you have used the Mark (or, if in a book, on the credits page), on packaging or labeling, and on advertising or marketing materials: "The PGO Project is a trademark of Crunchy Data Solutions, Inc., used with permission." |
| 134 | + |
| 135 | +### 7.2 What to do when you see abuse |
| 136 | + |
| 137 | +If you are aware of a confusing use or misuse of the Marks, we would appreciate you bringing it to our attention. Please contact us at [[email protected]](mailto:[email protected]) so we can investigate it further. |
| 138 | + |
| 139 | +### 7.3 Where to get further information |
| 140 | + |
| 141 | +If you have questions, wish to speak about using our Marks in ways the Policy doesn’t address, or see abuse of our Marks, please send an email to [[email protected]](mailto:[email protected]). |
| 142 | + |
| 143 | +We based these guidelines on the Model Trademark Guidelines, available at [http://www.modeltrademarkguidelines.org](http://www.modeltrademarkguidelines.org), used under a Creative Commons Attribution 3.0 Unported license: [https://creativecommons.org/licenses/by/3.0/deed.en_US](https://creativecommons.org/licenses/by/3.0/deed.en_US). |
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