Thank you for helping safeguard our trademarks and brand elements.
Expanso deeply appreciates the trust that people put in our products, services, and experiences. These Trademark Guidelines (“Trademark Guidelines”) outline the ways you can help us protect Expanso’s brand assets, including logos, names, icons, and the trust that they represent. We have designed these guidelines to clarify proper usage of our brand assets. Expanso maintains the right to act as required to protect them and, as a result, protect its customers and the public.
Expanso’s brand assets— such as the logos, icons, trade dress, and the names of Expanso software, products, and services, and any other brand features and elements, whether they are registered or not, are proprietary assets owned exclusively by Expanso. These Trademark Guidelines explain how our brand assets can be used under specific circumstances. Unless you have an express license from Expanso, these Trademark Guidelines will exclusively govern your use of our brand assets. Several uses, including use of our logos, app and product icons, and other designs, are not covered by these Trademark Guidelines and will require a license.
Our commitment to open source principles.
While our software is available under a free and open source software license, the copyright license does not include any right, express or implied, to use our trademarks. These guidelines are where we describe how you may use our trademarks.
We want to encourage and facilitate the use of our software by the community, but do so in a way that still ensures that the trademarks are meaningful as a source and quality indicator for the software and the associated goods and services. The role of trademarks is different from copyright. Trademarks provide assurance about the quality of the products or services the trademark is used with. But because an open source license allows your unrestricted modification of the copyrighted software, we cannot be sure that your modifications to the software are ones that will not mislead users about the qualities of the product they are getting from you. Instead, this Policy describes the circumstances under which you may use our brand assets to accurately describe your products and your relationship with Expanso.
This Policy therefore tries to strike the proper balance between: 1) our need to ensure that our trademarks remain reliable indicators of the qualities that they are meant to preserve and 2) your ability to fully exercise the rights granted in the open source license.
In this Policy, we are not trying to limit the lawful use of our trademarks, but rather describe for you what we consider the parameters of lawful use to be. Trademark law can be ambiguous, so we hope to provide enough clarity for you to understand whether we will consider your use non-infringing.
The sections that follow describe what trademarks are covered by this Policy, as well as uses of the trademarks that are allowed without additional permission from us. If you want to use our trademarks in ways that are not described in this Policy, please see “Where To Get Further Information” below for contact information. Any use that does not comply with this Policy or for which we have not separately provided written permission is not a use that we have approved, so you must decide for yourself whether the use is nevertheless lawful.
Trademarks covered by this policy.
This Policy encompasses:
The following word trademarks and service marks (the “Marks”):
Expanso™ - “company,” “products,” “services,” “solution”
Bacalhau™ - “project,” “platform,” “software,” “community”
Trademarks not covered by this policy.
please ask for permission
Overarching principles for all uses.
Whenever you use our brand assets, you must always do so in a way that does not mislead anyone, either directly or by omission, about exactly what they are getting and from whom. The law reflects this requirement in two major ways described in more detail at the end: it prohibits creating a “likelihood of confusion” but allows for “nominative use.”
This fundamental requirement, that it is always clear to people what they are getting and from whom, is reflected throughout this Policy. It should also serve as your guide if you are not sure about how you are using the Marks.
Dos.
In general, you may do the following with the Marks:
You can distribute unaltered source code or binaries we compiled and label them with the Marks. You can modify, build and test the software without having to remove any Marks or other brand assets when the use is for your internal developmental, testing, and integration purposes. However, if you alter the source code and redistribute it, or build your own binary from source, you will have to remove any trademark image files and give your product a new, non-confusing, name.
If your product, service, or solution works with, is compatible with, or integrates with an Expanso product (including Bacalhau), service, or solution, you can describe that compatibility or integration. You should use your own trademark first, followed by a preposition that describes its relationship to our products or services, such as “compatible with Expanso/Bacalhau” or “add-in for Expanso/Bacalhau.”
You can use the Marks in text to refer to Expanso and its products and services (including Bacalhau). When using the trademarks in text, please follow the trademark with the category names that are listed above for them, for example, “Bacalhau™ software” or “Expanso™ services.”
You may use our Marks to refer to our products and services in your publication, seminars, or conferences, but not in a way that might suggest that you are the one providing them. For example, you can have a conference track titled “Getting the Most out of the Bacalhau Platform” but not a conference titled “Bacalhau Conference.”
You can use the Marks Use in article headlines or titles, as long as the use is referential and not misleading.
You should accompany the first or most visible mention of a Mark with the trademark symbol shown above.
Wherever you provide similar information for your own trademarks, please include this trademark legend for our trademarks: “Bacalhau, (followed by other trademarks in alphabetical order) is a trademark of Expanso Inc.”
Dont’s.
Without a written license, don’t do the following:
Don’t use or register, as the name of your business, product, service, app, domain name, social media account, other offering, or business indicator, either the Marks, any trademarks that include the Marks as a component, or any trademarks that closely resemble the Marks, such as misspellings or foreign language equivalents.
- [Other company’s name] Bacalhau software.
- www.bacalhauprojectcloud.com
- @bacalhauAIplatform
- Bacalhouse software
Don’t use Expanso’s visual elements, such as our logos, icons, mascots or designs, without a license agreement.
Don’t imply an affiliation, endorsement, sponsorship, or approval with or by Expanso without a license agreement.
- Join us for [Other company’s name] Bacalhau hackathon event
Don’t modify, animate, or manipulate the Marks. This includes merging them with other words, misspellings, or embedding them within slogans.
Don’t use the Marks as nouns or verbs.
Don’t use the Marks more prominently than your own brand(s) or company name.
- BACALHAU SOFTWARE
- [Other company’s name] installs Expanso/Bacalhau software – call us today!
Don't use the Marks in the name of user groups, fan communities, tech circles, or other organizational names, even if the group is nonprofit.
- Expanso User Group
- Bacalhau Technology Group
Don’t use the Marks on any tangible goods or packaging, including any promotional, marketing, swag, or other unapproved items.
- T-shirt with Expanso or Bacalhau logo or mascot
- Expanso-branded headphones
RIGHTS IN THE MARKS
You agree that you will not acquire any rights in the Marks and that any goodwill generated by your use of the Marks inures solely to our benefit.
REPORTING ABUSE
Should you encounter any misuse of our Marks, please report it for further investigation.
WHERE TO GET FURTHER INFORMATION
For additional details, permissions, or to report potential trademark abuse, please reach out to tony@expanso.io.
General Information about trademarks and their use.
What is a trademark?
A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. “Trade dress” or “get up” refers to the look and feel of the packaging, which in this context can include the layout, colors, images, and design choices in a web page. Throughout this Policy, the terms “trademark” and “mark” refer to both trademarks, service marks and trade dress.
However, the use of a word is “not as a trademark” when it is used functionally as part of the software program, for example, in a file, folder, directory, or path name. Use in this way is not a trademark infringement.
What is "likelihood of confusion"?
There is trademark infringement if your use of a trademark has created a “likelihood of confusion.” This means using a trademark in a way that will likely confuse or deceive the relevant consuming public about the source of a product or service using the mark in question. For example, if the “Foo” software extension removes all double spaces after periods, but someone else later creates “Foo” software that adds a third space after periods, consumers would be confused between the two and the newcomer will likely be a trademark infringer. As another example, if a company makes “Foobar” software and a third party offers training called “Foobar Certification,” a person is likely to believe, wrongly, that the certification is being offered by the makers of Foobar software. The third party has likely misled consumers about the source of its training and is a trademark infringer.
What is "nominative" use?
“Nominative use,” “referential use,” or “nominative fair use,” (which is the name of the doctrine under U.S. trademark law), allows the use of another’s trademark where it is necessary for understanding. Other countries’ trademark laws also have similar provisions. For example, a car repair shop that specializes in a particular brand of automobile, VW for example, must be allowed to say that they repair VW cars. Here is what you should consider when deciding whether your use of a trademark is a nominative fair use:
Whether you can identify the product or service in question without using thetrademark;
Whether you are avoiding a likelihood of confusion in the way that you have used the trademark; and
Whether you have used only as much as is necessary to identify the product or service.
Copyright Policy
At Expanso Inc. (“Expanso,” “we,” “us,” or “our”), we respect the intellectual property rights of others and expect our users to do the same. This Copyright Policy outlines our procedures regarding claims of copyright infringement on the Expanso website and services. If you believe that your copyrighted work has been used or copied in a way that constitutes copyright infringement, please follow the instructions below to submit a notice of infringement.
- Notification of Copyright Infringement:
If you are a copyright owner or an authorized agent acting on behalf of a copyright owner and you believe that your copyrighted work has been used or copied in a way that infringes upon your rights, please send a written notice of infringement to our designated Copyright Agent. Your notice should include the following information:- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to contact you, such as your name, address, telephone number, and email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.You can find a form here.
- Please send your copyright infringement notice to our designated Copyright Agent at:
Copyright Agent: Tony Evans
Email: tony@expanso.io - Counter-Notification:
If you believe that we have removed or disabled your material as a result of mistake or misidentification, you may submit a counter-notification. Your counter-notification should include the following information:- Your physical or electronic signature.
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- Your name, address, telephone number, and email address.
- A statement that you consent to the jurisdiction of the federal court for the judicial district in which you reside, and a statement that you will accept service of process from the person who provided notification of the alleged infringement or their agent.You can find a form here.
- Please send your counter-notification to our designated Copyright Agent at the address provided above.
- Repeat Infringers:
Expanso respects the rights of copyright holders and will take appropriate actions against users who repeatedly infringe upon those rights. If Expanso determines, in its sole discretion, that a user has repeatedly infringed others’ copyrights, Expanso may terminate or suspend the user’s access to the Expanso website and services. - Removal of Infringing Material:
Upon receipt of a valid and complete copyright infringement notice, Expanso will promptly investigate the claim and take appropriate actions, which may include removing or disabling access to the allegedly infringing material. Expanso will also notify the user who posted the allegedly infringing material and provide them with an opportunity to submit a counter-notification. - Disclaimer:
Expanso is not responsible for monitoring or screening user-generated content for potential copyright infringement. However, we encourage copyright owners to report any infringement they discover.
