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From Mark Thomas <>
Subject Re: Thoughts on Trademarks / Existing Domains on Podling Proposals / Reports
Date Tue, 13 Feb 2018 09:27:04 GMT
On 12/02/18 23:24, Dave Fisher wrote:
> Hi -
> I think that the Incubator should adjust the proposal process when a project comes in
that has registered trademarks.
> There are a few impacts to consider some of which may need to be private.
> (1) PODLINGNAMESEARCH may not be needed.

Maybe. I'm not so sure. The view of the ASF as to what is an acceptable
name in terms of potential conflicts with other products may be
different to the entity that registered the mark. For example:

- the registering entity may have considered a narrower geographic area
  whereas the ASF tends to look globally;

- there may have been a conflict that was acceptable to the registering
  entity that would not be acceptable to the ASF.

I think we probably need to keep this.

> (2) The IPMC and trademarks@ should want to understand what will need to be transferred
and what the timing of the transfer(s) will be - either during onboarding or at graduation.
We should be clear about what happens to the trademark if Incubation fails either with or
without a release.

As far as I am aware the standard process is to transfer them prior to
graduation and that this is a required step before graduation. There is
normally a clause in the transfer agreement to the effect that if
graduation fails, the transfer doesn't happen.

> (3) Existing domains are also something that should be on a proposal along with if these
need to be continued or should be redirected. We need to be clear about what happens to domains
if incubation fails.

My expectation is that these would be treated the same way as
trademarks. Generally, we would redirect but of there are a lot of them
we might opt to let some lapse.

> (4) I think these items would add some additional sections to the podling report.

Do you mean adding a brand section?

What about an additional section on the proposal template? Or would it
make more sense under 'Source and Intellectual Property Submission
Plan'? Maybe call out in the template that this is the place to list
trademarks, domains, etc.


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