2 ms·
To be a bit more precise: The policy states that you're not going to be granted permission by the trademark holder to use the trademark "Drupal" in the domain n
by mechanical_fish 17y ago
To be a bit more precise: The policy states that you're not going to be granted permission by the trademark holder to use the trademark "Drupal" in the domain name "drupalsucks.com".
Whether or not this "prohibits" you is a more complicated question. First, you can always ask: The trademark holder can always grant you an exception if you make your case eloquently enough.
Failing that, you can use the trademark without permission. If you don't get sued, you'll be fine. If you do get sued but a court decides that a sentence embedded in a domain name is a form of fair use, you'll be fine.
The policy goes so far as to explicitly clarify that you're allowed to write the phrase "Drupal sucks" in a blog post as often as you like, without having to ask permission. That's fair use. The law is clear on that.
But domain names are special: A bit less like newspaper articles or diary entries, a bit more like signs in front of a business. Their trademark status is less clear -- whether a specific domain name infringes a trademark is a complicated matter, full of grey areas, questions of intent, and questions of interpretation, that must be adjudicated on a case-by-case basis. And this policy reserves the trademark holder's right to take that question to court in certain cases.
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DISCLAIMER CENTRAL: I am not a lawyer. I am employed by a company, Acquia, that was founded by Drupal's trademark holder. I do not speak for my company, or for Drupal, and my opinions are entirely my own -- and, where they touch upon the law, they're probably all wrong.
- ZeroGravitas 17y agoAny comments on this bit: "This policy - as well as the accompanying website - may be changed at any time. You accept that all licenses accorded under this policy are non-exclusive, non-transferable, non-sub-licensable, revocable at any time, and subject to changes in policy. Hence, changes in this policy may cause permissions to be revoked or made dependent on additional obligations."