Update Gentoo name and logo usage guidelines

On May 15th, 2016, the Gentoo Foundation trustees agreed to publish the
new trademark license document. This document reflects a more suitable
approach to allow the use of the Gentoo name and logo within our
community, while protecting the trademarks.

Historically, the new license was first discussed on the gentoo-nfp
mailinglists on December 20th, 2013 and later revisited on August 5th, 2014.
It was then announced on the gentoo-dev-announce mailinglist on October
2nd, 2014 and got its last review on gentoo-nfp in March 31, 2016.

1 files changed, 151 insertions, 42 deletions

diff --git a/inside-gentoo/foundation/name-logo-guidelines.md b/inside-gentoo/foundation/name-logo-guidelines.md
index 8ef779c..5d5ff68 100644
--- a/inside-gentoo/foundation/name-logo-guidelines.md
+++ b/inside-gentoo/foundation/name-logo-guidelines.md
@@ -10,75 +10,184 @@ layout: page-nav3
 body_class: nav-align-h2
 ---
 
-## Preliminaries
+## Preamble
+
+The Gentoo Foundation, Inc. is the owner of the Gentoo trademark (for the United
+States of America and other regions that recognize a U.S.A. registration), and
+as such, it is necessary for us to protect this mark. Part of this protection is
+to clearly define criteria that must be satisfied in order to use the Gentoo
+trademark.
+
+The Gentoo Project is a Free Software project, and as such it is important to
+the Gentoo Foundation, Inc. that the uses of the Gentoo trademark are in the
+spirit of Free Software. This license attempts to codify the practices generally
+accepted in a Free Software community regarding the use of a trademark. Broadly
+speaking, this means that the community should be allowed to use the trademark
+to identify related products, libraries, community organizations, events, or
+education and training materials, as long as that activity doesn't violate the
+spirit of Free Software. The license also attempts to place some light social
+pressure on those directly using the Gentoo trademark to make money. Anyone
+making a profit by using the Gentoo trademark is required to report what
+proportion of that money will be contributed back to the community.
+
+It is also important to note that this license only applies if you intend to use
+(or are already using) a trademark of your own that incorporates the Gentoo name,
+and/or incorporates the official logo/colors of the Gentoo project. If your usage
+of the Gentoo name is purely nominative, you don't need to license the Gentoo
+trademark - nominative use is an allowed use under trademark law. 
+
+## Gentoo trademark license
+
+The Gentoo Foundation, Inc., as the owner of registered and common law trademarks
+of the Gentoo name and logo (in the United States of America and other regions
+recognizing its registrations), licenses the use of the Gentoo trademarks to the
+community under the following conditions.
 
-This document describes proper use of the Gentoo name, the "g" logo and any other associated marks for software and computer-related efforts that are not under the direction of the Gentoo Foundation, Inc. If you have any questions about these guidelines, please contact [Gentoo Foundation, Inc](mailto:trustees@gentoo.org).
-
-Gentoo Foundation, Inc. reserve the right to change these terms from time to time at their sole discretion. For that reason, we encourage you to review this statement periodically.
+![Gentoo Logo](/assets/img/logo/gentoo-3d-small.png)
 
-##  Definitions
+### Service identification
+
+You may use the Gentoo name and logo on a list of services, tools, or supported
+platforms, or as an identifier that a product or service is Gentoo-related,
+provided that the usage of the name and/or logo does not imply that the
+organization is official or otherwise endorsed by the Gentoo Foundation, Inc.,
+or by the Gentoo project, and that the name and/or logo acts as a hyperlink to
+the main [Gentoo project](https://www.gentoo.org) website wherever technically
+possible.
+
+### Gentoo-related software projects
+
+You may not use the Gentoo name in any software project that can be used to
+augment or extend the capabilities of official Gentoo project software (hosted
+on the gentoo.org domain).
+
+The use of the Gentoo name or logo for repositories, overlays or projects that
+solely focus on the official Gentoo project software and documentation is seen
+as [service identification](#service-identification) and is governed under that
+section.
+
+### Groups and events
+
+You may incorporate the Gentoo name into the name of any group or event,
+provided that:
+
+* the purpose of the group or event is to educate, provide networking
+  opportunities, or provide a social outlet for Gentoo users;
+* the name of the group or event is formed by combining the name "Gentoo" with
+  other words that qualify the geographical location, intended audience, or the
+  activities of the group or event.
+* if the group or event requires fees for membership of attendance, it must be
+  made clear at the time the fee is paid what income organizers will be
+  deriving from the event, and what proportion of event profits, if any, will
+  be returned to the Gentoo Foundation, Inc. as a donation.
+* the website for the group or event does not imply that it is official or
+  otherwise endorsed by the Gentoo Foundation, Inc.
+* the group or event agrees to adhere to the
+  [Gentoo Community Code of Conduct](https://wiki.gentoo.org/wiki/Project:Council/Code_of_conduct).
+* the group or event also adopts a specific Code of Conduct governing the
+  behavior of participants.
 
-### The Gentoo project
+A group or event may use a logo that incorporates the Gentoo logo by adding a
+word or picture that identifies the locality (for example, the name of a city,
+or a stylized image of an identifiable city landmark), audience, or activities
+of the group of event.
 
-The volunteer development efforts currently directed by Gentoo Foundation, Inc., a not-for-profit corporation.
+### Merchandise
 
-### Works produced by the Gentoo project
+You may produce merchandise displaying the Gentoo name or logo, provided that:
 
-Any works that are copyright Gentoo Foundation, Inc.
+* artwork to be printed on merchandise has been formally approved by the Gentoo
+  Foundation, Inc.
+* the products on which the artwork is to appear has been formally approved by
+  the Gentoo Foundation, Inc.
+* if the product is to be sold, the individual or organization producing the
+  product must make a clear statement declaring what proportion of the sale
+  price will be retained by the organizers, and what proportion, if any, will be
+  contributed back to the Gentoo Foundation, Inc.
 
-### The "g" logo
+To obtain format approval for your merchandise sale, please submit an electronic
+copy of the proof artwork, plus a list of all products to be sold, to
+[trustees@gentoo.org](mailto:trustees@gentoo.org).
 
-![Gentoo Logo](/assets/img/logo/gentoo-3d-small.png)
+We will not approve any variations of the Gentoo logo that change the aspect
+ratio or otherwise distort the shape.
 
-### Gentoo artwork
+### Products and services serving the community
 
-All artwork produced by the Gentoo project (see above definition).
+You may incorporate the Gentoo name into any website or product whose purpose is
+to organize, educate or inform the Gentoo community, provided that:
 
-### Gentoo community site
+* the website or product does not use the Gentoo logo or mimic the official
+  sites in its design, except as provided for by earlier sections in this
+  license;
+* the website or product does not imply that it is official or otherwise
+  endorsed by the Gentoo Foundation, Inc.
+* if a fee is to be charged for the product, or for access to any or all of the
+  material on the website, a clear statement must exist declaring what
+  proportion of those fees will be retained by the authors, and what proportion,
+  if any, will be contributed back to the Gentoo Foundation, Inc. A link to this
+  statement must be prominently displayed on the website or product.
 
-A non-profit website whose primary objective is to provide any Gentoo user with additional information on Gentoo and Gentoo-related topics.
+### Other commercial activity
 
-## Ownership of marks
+You may *not* use the Gentoo name in the registered name of any company that
+offers Gentoo project related services.
 
-The name "Gentoo" and the "g" logo are currently trademarks of Gentoo Foundation, Inc.
+You may *not* incorporate the Gentoo name or logo into the name of any product to
+be sold by a commercial entity when that product or entity is Gentoo project
+related.
 
-## Use of Gentoo name
+### Domain names
 
-You are permitted to use the Gentoo name in computer-related works, provided that:
+You may use the Gentoo name in any Internet domain or subdomain:
 
-1. You acknowledge that the name "Gentoo" is a trademark of Gentoo Foundation, Inc., and
-2. you do not entitle any software project or computer-related product "Gentoo" or have "Gentoo" appear within its name, and
-3. the fully-qualified domain name for your software project or computer-related products does not contain "Gentoo", and
-4. you clearly state that the works, project, site, product or any other type of item with which the "Gentoo" name is associated is not part of the Gentoo project and is not directed or managed by Gentoo Foundation, Inc.
+* for any group or event meeting the requirements of the section on [Groups and
+  events](#groups-and-events).
+* any merchandise provider meeting the requirements of the section on
+  [Merchandise](#merchandise), provided the products sold under that domain are
+  exclusively Gentoo merchandise
+* any website or product meeting the requirements of the section on [Products and
+  services serving the community](#products-and-services-serving-the-community).
 
-We do not consider these restrictions to apply to the [Gentoo file manager](http://www.obsession.se/gentoo/) project, developed by Emil Bink, as it is not an operating system project.
+### Uses outside of this license
 
-##  Use of Gentoo Logo and artwork
+If your usage, or proposed usage, of the Gentoo name or trademark does not meet
+these criteria, a specific license may be granted to your organization, at the
+Gentoo Foundation, Inc. discretion. Please contact
+[trustees@gentoo.org](mailto:trustees@gentoo.org) with the
+details or your proposed usage, and a license may be granted.
 
-You are permitted to use the Gentoo "g" logo and artwork copyright Gentoo Foundation, Inc. (hereafter called "Gentoo artwork") under the following conditions:
+The restrictions about using the "Gentoo" name do not apply to the [Gentoo File
+Manager](http://www.obsession.se/gentoo) project, developed by Emil Bink.
 
-### Commercial Use
+### Community standards
 
-Commercial use of the Gentoo "g" logo and Gentoo artwork is allowed for any software or computer hardware product that contains or is based upon works produced by the Gentoo project, or any project or service referencing Gentoo or the Gentoo Project, provided that the following conditions are met:
+Notwithstanding the above, licensees of the Gentoo mark must not use that mark
+to cast the Gentoo project, Gentoo Foundation, Inc., or Gentoo community into
+disrepute, or engage in business practices that reflect poorly on the Gentoo
+project, Gentoo Foundation, Inc., or Gentoo community.
 
-You acknowledge that the "g" logo is a trademark of Gentoo Foundation, Inc. and that any Gentoo artwork is copyright Gentoo Foundation, Inc., and
-the artwork used is not the primary (largest) mark displayed on the product, and is thus intended to convey that the product contains "works produced by the Gentoo project", but is not itself a product being sold or supported by Gentoo Foundation, Inc.
-Commercial use of the Gentoo "g" logo and Gentoo artwork for any other purpose is expressly denied.
+### Interpretation
 
-### Non-Commercial Use
+The Gentoo Foundation, Inc. reserves the right to determine if a usage of the
+Gentoo trademark meets the requirements and standards of this license.
+
+## Frequently Asked Questions
 
-Non-commercial use of the "g" logo and Gentoo artwork is permitted provided that the following conditions are met:
+### What about earlier name/logo usage guidelines?
 
-1. You acknowledge that the "g" logo is a trademark of Gentoo Foundation, Inc., and that any Gentoo artwork is copyright Gentoo Foundation, Inc, and,
-2. the "g" logo and Gentoo artwork are used in works that pertain to "the Gentoo project", as directed by the Gentoo Foundation, Inc., and not any effort outside or beyond the authority of the Gentoo Foundation, Inc., and
-3. you clearly state that the works, project, site, product or any other type of item with which the "g" logo or Gentoo artwork is associated is not part of the Gentoo project and is not directed or managed by Gentoo Foundation, Inc.
+The [previous name/logo usage
+guidelines](https://web.archive.org/web/20160420043020/https://www.gentoo.org/inside-gentoo/foundation/name-logo-guidelines.html)
+as published by the Gentoo Foundation, Inc. remain available for those
+applications granted before the publication of this new license.
 
-## Gentoo Community Projects
+### What about non-USA trademarks?
 
-Gentoo Foundation, Inc. grant Gentoo community sites, as defined above, the right to use the Gentoo name in their project name and fully qualified domain name provided that:
+The [Lizensierung der Marke "Gentoo"](https://www.gentoo-ev.org/wiki/Marke) as
+published by the Förderverein Gentoo e.V. (who also owns the trademarks in
+Europe) defines the usage rights of the name and logo inside Europe.
 
-1. the website clearly states, on each page, that the project is no official Gentoo project by labelling itself as a "news site", "fan site", "unofficial site" or "community site", and
-2. the website does not closely mimic the name or layout of one of our official websites, and
-3. you acknowledge that the name "Gentoo" is a trademark of Gentoo Foundation, Inc.
+### What is this license based on?
 
-Any other use of the Gentoo name, logo and artwork remains bound by the beforementioned guidelines.
\ No newline at end of file
+The new License has been based on the [Django Trademark License Agreement](https://www.djangoproject.com/trademarks/)
+and is, as such, also released under the [Creative Commons Attribution-ShareAlike 3.0 License](http://creativecommons.org/licenses/by-sa/3.0/).