J. Paul Getty Trust Trademark Policy for Open Source Projects

 

Purpose

The J. Paul Getty Trust (“the Getty”) has established this trademark policy to encourage the open-source community to make accurate, non-confusing use of the Getty’s trademarks in connection with its open source projects, while also ensuring that those trademarks maintain their distinctiveness and strength as reliable indicators of the source and quality of Getty-generated Projects. For purposes of this policy, “Project” means any open-source or openly licensed software product or project developed by the Getty. Although we publish our Projects under free and open licenses, those licenses cover copyright only and do not include any express or implied right to use our trademarks.

We may modify this policy from time to time, and will indicate on this page when modifications are made. You should review this policy periodically.

Trademark Basics

A trademark is any word, symbol, phrase, or design, or combination thereof, that identifies and distinguishes goods or services as coming from a specific source. Trademarks are source indicators meant to give consumers confidence that the goods and/or services being offered under a particular mark originate from the mark holder.

Getty Trademarks

For purposes of this policy, “Getty Trademarks” means the names and logos of the J. Paul Getty Trust and its programs, including “Getty,” “Getty Conservation Institute,” “Getty Research Institute” “Getty Foundation” and “J. Paul Getty Museum” or “Getty Museum,” as well as any names and logos of any Project we develop, whether or not such names or logos are federally registered as trademarks.

Trademark Usage Guidelines (What this policy allows)

  1. Nominative Fair Use

    “Nominative Fair Use” is a trademark law concept that permits anyone to use a trademark to refer to the trademarked product or service if three conditions are met:

    • The product or service being referred to must be one not readily identifiable without use of the mark;
    • Only so much of the mark may be used as is reasonably necessary to identify the product or service; and
    • The user must do nothing that would suggest sponsorship or endorsement by the mark holder.
    In general, this means you may use the Getty Trademarks to make truthful references to the Getty and the goods or services that the Getty Trademarks represent, so long as you do not do or say anything that suggests that the Getty is sponsoring or endorsing your use in any way.
  2. Project logos

    The unaltered logo of a Project may be used in ways that promote the Project and that do not suggest endorsement by the Getty. If a Project logo is used on a website it must link back to the Project home page, and your website must clearly indicate that you are not affiliated with or endorsed by the Getty.

Uses we consider infringing

The following are examples of uses we would likely consider an infringement of our trademark rights:

  • Use of the Getty Trademarks in any product or service branding or domain name.
  • Use of the Getty Trademarks on commercial goods for sale.
  • Use of the Getty Trademarks in any way that is likely to cause confusion about the source of your or the Getty’s goods or services, including the lack of an adequate disclaimer.
  • Use of the Getty Trademarks to suggest endorsement by the Getty.

Contact

If you have questions about this policy or the use of any Getty Trademarks not covered by this policy, including commercial use of any Project logo, please contact communications@getty.edu and include “Trademark Policy” in the subject line.

Acknowledgements

This policy was drafted with reference to many outstanding examples. The Getty gratefully acknowledges in particular the Python Software Foundation’s Trademark Usage Policy; the Model Trademark Guidelines; and the Apache Foundation’s Trademark Policy.

Last updated: April 16, 2019