Trademark - Varnish Software
Third-party usage guidelines for Varnish trademarks
Varnish Software’s trademarks are valuable assets that the company needs to protect. We ask that you help us by properly using and crediting Varnish Software’s trademarks in accordance with the following guidelines. For information about proper use of Varnish Software’s logos and logotypes, please review the page “Third-party usage guidelines for Varnish logos“.
The sections below describe what is allowed, what is not allowed, and cases in which you should ask permission. If in doubt, please contact us at firstname.lastname@example.org and a member of our team will be in touch with you shortly. Similarly, if you are aware of a breach or misuse of the Varnish trademarks in any way, we would appreciate you bringing this to our attention.
Varnish Software AB owns the trademark “VARNISH”. The trademark is registered in both word and logo form. This policy encompasses all marks, in word and logo form, collectively referred to as “Trademarks”. The trademark is registered in the US, EU and other jurisdictions, and has gained protection in many jurisdictions as an unregistered trademark through use. The fact that Varnish Software owns the trademark means that we also own the usage of it, hence no third party can use it without permission.
You may generally use Varnish Software’s trademarks to refer to the associated Varnish products or services. For instance, an authorized reseller can note in its advertisements that it is selling the Varnish solutions. Similarly, a Varnish Software customer may issue a press release stating that it has implemented Varnish Software’s solutions.
Varnish generally permits the use of its marks in group names that include phrases such as “user group”, “special interest group”, etc., that clarify the relationship between Varnish and the group and do not create confusion about the source of products. This applies only to user groups that are not formally doing business as commercial entities. If you are administering a user group that includes a Varnish trademark in its name, do not claim any trademark rights in the name or attempt to register the name or your logo with a trademark office, and do not register the name as a trade name or business name, or conduct any business under the name.
We share access to the trademarks with the Varnish open source community for the purposes of discussion, development, and advocacy. We recognize that most of the open source discussion and development areas are for non-commercial purposes and will allow the use of the trademarks in this context, provided that the trademark is used in a manner consistent with the guidelines below:
- There is no commercial intent behind the use.
- What you are referring to is in fact Varnish. If someone is confused into thinking that what is not Varnish is, in fact, Varnish, you are doing something wrong.
- There is no suggestion (through words or appearance) that your project is approved, sponsored, or affiliated with Varnish Software or its related projects unless it actually has been approved by and is accountable to Varnish Software AB.
Building on Varnish or for Varnish
If you are producing new software that is intended for use with or on Varnish, you may use the trademark in a way that indicates the intent of your product. If you are developing a system management tool for Varnish, for example, an acceptable project title would be “System Management for Varnish”. You may not integrate the title into the project name or product name, such as “Varnish Systems Management”, nor is it permitted to use project titles, such as VarnishMan, Varnish Management, ManVarnish, etc.
However, please note that without a license or permission, you may not incorporate Varnish trademarks in the name of your commercial distribution or other products. Furthermore, you may not use the trademarks in a way that implies an endorsement where that does not exist, or that attempts to unfairly or confusingly capitalize on the goodwill or brand of the project or Varnish Software AB.
Commentary and parody
The Varnish trademarks are designed to cover the use of a mark to imply origin or endorsement by the Varnish project. When a user downloads something called Varnish, they should know it comes from the Varnish project. This helps Varnish build a reputation that will not be damaged by confusion around what is and is not Varnish. Using the trademarks in your discussion, commentary, criticism or parody, in ways that unequivocally do not imply endorsement, is permissible. Anyone is free to write articles, create websites, blog about, or talk about Varnish — as long as it is clear to everyone — including people completely unfamiliar with Varnish — that they are simply referring to Varnish and in no way speaking for Varnish Software AB or its subsidiaries, or the Varnish project.
We reserve the right to review all usage within the open source community and to object to any usage that appears to overstep the bounds of discussion and good-faith non-commercial development. In any event, once a project has left the open source project phase or otherwise become a commercial project, this policy does not authorize any use of the trademarks in connection with that project.
Restricted use that requires a trademark license
Prior written permission from Varnish Software AB is necessary to use any of the trademarks under any circumstances other than those specified above.
These include but are not limited to:
- Any commercial use.
- Use on or in relation to a software product that includes or is built on top of a product supplied by us, if there is any commercial intent associated with that product.
- Use in a domain name or URL.
- Use for merchandising purposes, e.g. on t-shirts and the like.
- Services relating to any of the above.
If you wish to have permission for any of the uses above or for any other use which is not specifically referred to in this policy, please contact us at email@example.com and we’ll let you know as soon as possible if your proposed use is permissible. Note that due to the volume of mail we receive, it may take up to a week to process your request.
Permission may only be granted subject to certain conditions and these may include the requirement that you enter into an agreement with us to maintain the quality of the product and/or service that you intend to supply at a prescribed level.
You may not use Varnish trademarks in a manner that could cause confusion as to Varnish sponsorship, affiliation or endorsement. Take particular care not to use the Varnish trademark as set out below.
Company, product or service names
Do not use Varnish trademarks or potentially confusing variations as all or part of your company, product or service names. If you wish to note the relationship of your products or services to Varnish products or services, please use an appropriate tag line as detailed above. For example, “System Management for Varnish” or “Varnish Based Systems Management”. Not VarnishMan or Varnish Management.
Do not name any software or product by the name Varnish (or another related trademark). Do not use the Varnish trademark on or in relation to a software product that constitutes a substantially modified version of a product supplied by the Varnish project, that is to say with material changes to the code, or services relating to such a product.
Do not use the Varnish trademark in combination with any product or service that is presented as being certified or official or formally associated with Varnish Software AB or our products or services. Do not use in a way that implies an endorsement where that does not exist, or that attempts to unfairly or confusingly capitalize on the goodwill or brand of the project.
Do not use Varnish trademarks or potentially confusing variations in a domain name that has a commercial intent. The commercial intent can range from promotion of a company or product to collecting revenue generated by advertising. This helps prevent internet users from being confused as to whether you or Varnish Software or the Varnish Cache project is the source of the website.
Do not use Varnish trademarks in a title or metatag of a web page whose sole intention or result is to influence search engine rankings or result listings, rather than for discussion, development or advocacy of the trademarks.
You must not imitate Varnish trade dress or logos. For instance, do not copy Varnish Software’s packaging for use with your product or display your product name in the distinctive logotype associated with the Varnish Software/Varnish Cache logo.
You must not use the Varnish trade dress or logos in combination with any other marks or logos. This include use of a trademark in a manner that creates a “combined mark”, or use that integrates other wording with the trademark in a way that the public may think of the use as a new mark (for example Club Varnish or VarnishBooks, or in a way that by use of special fonts or presentation with words or images in close proximity conveys an impression that the two are tied together in some way).
Trademark symbols and credit lines
In instances where permission to use the Varnish trademark has been granted, proper trademark attribution through trademark symbols and credit lines will help makes the public aware of our trademarks, and help prevent them from becoming generic terms. Credit lines also help clarify that the trademarks belong to Varnish Software. Accordingly, Varnish Software would appreciate you attributing ownership of Varnish trademarks to the Varnish Corporation by using trademark symbols (™ or SM or ®) and credit lines as detailed below.
Use the ® symbol with the most prominent appearance of the “Varnish” mark on products, packaging, manuals, advertisements, promotional materials and web pages (for example, in the headline of an advertisement), and the first use of the mark in text or body copy. This includes situations where “Varnish” is a part of a product, service name or an event name. You do not need to use trademark symbols with other Varnish trademarks.
Example: XYZ develops new product for Varnish®
XYZ Corporation, a member of the Varnish® Partner program, has developed the ABC solution for use with the industry-leading Varnish Cache. The ABC solution is one of numerous products XYZ has developed.
“Varnish” receives a trademark symbol in the headline because this is the most prominent appearance, and when it appears as part of the “Varnish Partner program” name because this is the first appearance in text. While there is no trademark symbol after “Varnish” when it appears later in the copy since we already used a symbol the first time that the term “Varnish” appeared in body copy. It is always acceptable to continue using the ® after “Varnish” throughout the document.
As the owner of the registered trademark VARNISH® (U.S. Pat. T.M. Ofc. Reg. No. 3,972,714), Varnish Software AS also claims common law rights in other trademarks such as VARNISH CACHE™, VARNISH PLUS™, VARNISH CONFIGURATION LANGUAGE™ and VCL™. Any reference to these and other Varnish trademarks require the use of ™ with VARNISH and VARNISH CACHE to denote Varnish as the source of VARNISH CACHE open-source HTTP reverse proxy.
All products, packaging, manuals, advertisements, events, promotional materials and web pages bearing Varnish trademarks should include the following trademark credit line:
“Varnish is a registered trademark of Varnish Software AB and its affiliates.”
The credit line may appear anywhere on the collateral, but typically is displayed on a copyright page, the back of a package or at the end of a document or web page.
For more information regarding the use of Varnish logos, please review the page “Third-party usage guidelines for Varnish logos”.
Proper use of Varnish trademarks reinforces their role as brands for our products and services and helps prevent them from becoming generic names that can be used by anyone. Examples of former trademarks that became generic terms are “aspirin”, “cellophane”, and “escalator”. By adhering to the following rules, you help protect Varnish Software’s investment in its trademarks.
If you have any questions regarding Varnish trademarks, please contact firstname.lastname@example.org.