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Clarification about using the name Vanilla

RainulfRainulf New
edited November 2011 in Vanilla 2.0 - 2.8
I never get the chance to ask question because the post was already closed ( http://vanillaforums.org/discussion/17982/quick-question-about-logo ). But @Todd said:
This is a matter of trademark, not copyright, and we own the trademark on Vanilla as it pertains to forums. We'd prefer that you do not use our name or logo for a site that sells something directly related to our software.
Does this mean that if I ever decide to code a Vanilla addon or create a theme, I won't be able to name it a Vanilla addon or a Vanilla theme? Will you sue me if it sell? Also, let's say I decide to host similar service as vanillaforums.com at a verrryy competitive price. Is this possible? I'm quite aware that Vanilla is an open source software, but I'm not sure exactly how trademarks work alongside with open source.
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Answers

  • 422422 MVP
    edited November 2011
    Just designing the front end for our custom theme site for vanilla , if i show you screenshots of logo we are using .. Can you tell me if it is ok to use, before i tread on your toes lol.

    Will await reply then add screenies

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  • x00x00 MVP
    why wouldn't you me able to use it?

    grep is your friend.

  • 422422 MVP
    I thouht perhaps copyright, will post pics tomorrow.

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  • 422422 MVP
    Heres a sneak peek of the site, would like some feedback plz.

    www.vanillaskins.com

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  • ToddTodd Vanilla Staff
    This is a matter of trademark, not copyright, and we own the trademark on Vanilla as it pertains to forums. We'd prefer that you do not use our name or logo for a site that sells something directly related to our software.
  • ToddTodd Vanilla Staff
    We would rather you not use the name "Vanilla" in the name of your plugin or theme, but telling people it is a Vanilla addon is fine.

    You are also welcome to start a vanilla hosting service. People already do. But you should not brand it as Vanilla or again include Vanilla in the name of your hosting service.
  • x00x00 MVP
    I misunderstood what you meant by logo, I didn't realise you were using the Vanilla logo.

    How can you not use the name if it is directly related? Sure you shouldn't pass yourself off as an official repository. however you can use the words vanilla forums in the context "I make themes for vanilla forums", etc.

    Trademark is a prickly issue. facebook for example exercises leniency, becuase it get a lot of benefit from people using their logo, even if that not their own official graphics and reproduced. Of course they would persue anyone that syphoned business without giving enough benefit, with the sharks in suits.

    I suggest you focus on "VF". It doesn't have to be the same graphically, but would mean something to whoever knows the forum.

    grep is your friend.

  • x00x00 MVP
    edited November 2011
    Obviously the reason for perusing trademark issues, is related for potential business and licensing the brand in the future, and also protecting again.

    SO if you forked the forum, which is open source therefore the fork could no longer call themselves vanilla. But forks exist that are publicly available, and I'm sure they haven't removed reference to vanilla.

    grep is your friend.

  • ToddTodd Vanilla Staff
    I've merged these two discussions as they are pretty much the same thing.
  • 422422 MVP
    No worries will change immediately

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  • 422422 MVP
    Ok I have changed logo.
    image

    I would still like to use the vanilla logo with your consent ( but please see how and where ) it doesnt dilute your brand, but If it is an issue please let me know.

    We use our V logo within it, on home page to identify to users... we have three.

    Direct link to download vanilla from Vanilla itself.
    image

    Link to our skins ( also we use this on twitter )
    image

    Link to our vanilla showcase.
    image

    Again I did ask before posting, so apologies for "toe treading" nothing is irreversible.

    Ste

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  • ToddTodd Vanilla Staff
    We don't give permission for use of our logo unless it's unmodified and in a "powered by Vanilla" context.
  • 422422 MVP
    Ok will change those also.
    Will get this done in next hour or so Todd

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  • RainulfRainulf New
    edited November 2011
    @422, those are real nice. It's a pity that you can't use them. Well, I guess if you can modified it a bit and it'll be fine...

    @Todd @x00 I believe the focus of Vanilla team is its paid forum hosting - people can't just offer everything for free lol. I guess if you look at it, it can pretty much poke (and potentially hurt) their business portion if people started using the name Vanilla and its logo.

    I agree with you. There needs to have distinction. When I fork the Garden in github, I still see the Vanilla references along with its logo. The GNUv2 license is also included in the whole Garden/Vanilla repository that I forked ( https://github.com/vanillaforums/Garden/blob/master/LICENSE.txt )... Correct me if I'm wrong, but my only assumption there is that I'm also free to use the logo and the name however I want. lol
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