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Trademark Policy

What is a Trademark?

A trademark is a word, phrase, symbol, logo or design, or a combination of those things, that distinguishes one company’s products and services from the products and services of another. Although a trademark is a symbol of the source of a product or service, a trademark is not the product or service itself. A trademark also is not the same as a copyright or a patent.

Which trademarks does Production Ready own?

Production Ready, LLC (“Production Ready”) owns a number of marks, including PRODUCTION READY® and ELEFLEX®. Both the unregistered and registered marks of Production Ready are protected under applicable trademark and other laws.

Why are Trademarks and Trademark Enforcement Important?

Trademarks are important because they help to prevent confusion in the marketplace by distinguishing one company’s or person’s products and services from the products and services of another company or person. Unauthorized use of a trademark owned by Production Ready is not permitted. In order to exercise and maintain quality control over products and services for which its marks are used, Production Ready requires strict adherence to this Trademark Policy.

How are Production Ready trademarks reconciled with the GPL?

Production Ready is a committed supporter of the open source distribution model, including through its release of certain software versions under the terms and conditions of version 3 of the GNU General Public License (the “GPL”). Although the GPL permits third parties to copy, modify and redistribute any portion of GPL-released software pursuant to its terms and conditions, the GPL does not grant any license or right to use the Production Ready® trademark or any other Production Ready trademark in connection with the redistribution of that software. Thus, although an GPL licensee may redistribute the underlying GPL-released software in accordance with the terms and conditions of the GPL, an GPL licensee may not use any Production Ready trademark when doing so except as expressly permitted by this policy or a separate license agreement with Production Ready, or under rights of nominative fair use. Otherwise, users could be misled into thinking that revisions made by an GPL licensee were created or endorsed by Production Ready, or that those revisions met the quality control standards of Production Ready.

What is the Objective of this Policy?

The primary objective of this Production Ready Trademark Policy is to ensure that customers that acquire Production Ready™-branded products or services know that they are receiving services or related technology that has been developed, approved, tested and maintained by Production Ready. Production Ready® and Eleflex® are trademarks of Production Ready and may only be used as trademarks with the express prior permission of Production Ready. Thus, except as expressly permitted in this Production Ready Trademark Policy, you may not use any Production Ready trademark on or in connection with your products or services, or in any other manner that might cause confusion in the marketplace. Production Ready reserves all of its rights.

Production Ready’s Community Commitment

Production Ready has strived to create products of the highest quality, yet freely available under the GPL in a consistent form. Production Ready has chosen the Production Ready marks to enable consumers to easily identify those products and services. This policy clearly states the requirements for the use of the Production Ready mark.

Use of “Powered by PRODUCTION READY®” or “Powered by ELEFLEX®

If you are a user of a Production Ready product (whether under the GPL license or a commercial license) and have not modified the source code for the application or use in question, you may request permission to display the “Powered by Production Ready” logo in the user interface (such as your website) of the application that is powered by the Production Ready software in question. To request permission, simply send an email to support@productionready.com in which you: (a) identify your name (and company name, if applicable); (b) describe and provide a copy of, or link to, the application (to be used solely for review purposes); and (c) agree to adhere strictly to this Trademark Policy. Production Ready reserves the right not to grant such permission, or to withdraw any such permission, in its sole discretion. Use of the logo must comply with applicable provisions of this Trademark Policy.

Fair Use of Marks

Nominative fair use is a common law principle that permits referential use of someone else’s mark to describe that other person’s goods or services under certain limited circumstances. For example, you may use a competitor’s trademark when comparing your products with your competitor’s products. Generally speaking, you may make fair use of another person’s trademark only when you comply with nominative fair use conditions, which include ensuring that: (a) the other person’s product or service is not readily identifiable without use of their trademark; (b) you make use of only so much of the other person’s mark as is reasonably necessary to identify the product or services; and (c) your use of the mark does nothing that suggests sponsorship or endorsement by the trademark holder, and your conduct and language reflect the true and accurate relationship between your products and the other person’s products.

Questions?

While we have done our best to make this Production Ready Trademark Policy as comprehensive as possible, it is quite possible that we have not answered all of your questions, or considered a scenario that is unique to you. If you have a trademark question or wish to offer feedback on the policy, please drop us a line at support@productionready.com - we welcome you to contact us so that we may understand, and have an opportunity to address, your concerns.