Re: Debian trademark, EAN, proposed letter, SPI heads-up

On 08/31/2017 07:19 AM, Ian Jackson wrote:
> Hi.
>
> Summary:
>
> Debian would like to sign, jointly with SPI, a letter stating that we
> do not intend to apply for EANs. A draft of the letter is below.

The vendor should apply for their own EANs. If Debian/SPI applies for
them it will provide a communication of validity to the vendor
("Official Debian Images").

+1 for Debian not allowing an external vendor to appear as the official
distributor (unless they actually are).

JD

>
>
> Process:
>
> We (Debian, me specifically) are about to ask Free Software
> Conservancy for legal advice - specifically whether there is anything
> wrong with this proposed letter.
>
> If the advice is favourable, and subject to comments we get from SPI,
> we will sign this letter on behalf of Debian and we would like the SPI
> Secretary to sign it on behalf of SPI.
>
> We will need approval from the SPI Board. I doubt there would be any
> problem with this, but I thought I should let you know.
>
> I will CC the Board on the request I make to our legal counsel and ask
> them to send you a copy of the advice we receive.
>
>
> Background:
>
> Debian was recently asked by a vendor of Debian CDs to help them
> out with an issue relating to EANs. An EAN is the (number
> represented by a) barcode which is used to identify physical products
> at the point of sale.
>
> Some large online trading platforms prefer everything they sell to
> have an EAN where possible. (Presumably this makes their database
> management easier or something.) It appears that they particularly
> don't want their clients to be selling without an EAN, items that do
> have an EAN.
>
> And they want (for some reason) to ensure that products sold without
> EANs, which bear trademarks, are sold in that way only with the
> consent of the trademark holder. I assume that this is part of their
> efforts to try to ensure their clients do not breach trademarks.
>
> After investigating the issues, we (Debian) don't think we want to
> issue EANs (in part because Debian provides data files, not physical
> embodiments, which probably should not have EANs).
>
> I drafted the letter you find below.
>
> I have now been delegated by the Debian Project Leader to take care of
> this issue.
>
>
> Thanks for your attention.
>
> Regards,
> Ian.
>
> === draft letter ===
>
> RE DEBIAN - EUROPEAN ARTICLE NUMBER (EAN)
>
> To Whom It May Concern
>
> The Debian Project ("Debian") and Software In The Public Interest
> Inc ("SPI") wish to make known that:
>
> 1. Debian, through its Trusted Organisations including SPI, owns and
> controls the trademark "Debian" in various jurisdictions.
>
> 2. Debian does not provide European Article Numbers (EANs). Nor do
> any of Debian's associated organisations do so on Debian's behalf.
>
> 3. Debian and SPI give public permission for products embodying
> Debian's software and documentation to be sold, according to the
> Debian Trademark Policy (which can be found at
> https://www.debian.org/trademark). That policy does not make any
> requirement about EANs. Therefore (provided the the policy is adhered
> to) we have no objection to Debian branded products being sold without
> EANs.
>
> 4. Debian do not anticpate this situation changing in the next 2
> years. Specifically, we do not expect to be issuing EANs within the
> next 2 years.
>
> 5. Please therefore allow vendors of Debian merchandise to trade,
> notwithstanding any lack of EANs for those products.
>
> 6. This is without predjudice, of course, to our right to enforce our
> trademarks against anyone found violating our trademark policy. We
> are simply saying that lack of an EAN is, in itself, completely fine.
>
> Signed
>
> for the Debian Project for Software in the Public Intere
>
> === email from trading platform support desk to a Debian vendor ===
>
> From: Support Vendeur ****
> To:***
> Subject: RE:[CASE ****] Demande de courrier
>
> Dear Seller,
>
> Thank you for contacting ***. My name is **** and it has been a
> delight to talk with you on the phone. Once again, thank you for
> taking the time to answer me. It is my pleasure to assist you with
> your query related with your EAM exemption application.
>
> As regards as your case, I can see that you would like to products from
> the brand Debian without having to buy EAN codes.
>
> Please note that in order to do that, as you are not the manufacturer of
> the concerned products, you need to apply for an EAN exemption approval.
>
> In order to have your application processed, the fields below should be
> populated in the form.
>
> Estimated annual revenue
> Condition of your product
> Company website
> Company description
> Brand to be exempted and seller connection to the brand
> How do you upload your listings
> Number of products needing UPC or EAN exemptions
> Justification for UPC or EAN exemptions
> Name
> Email
> Phone
> Company name
>
> You also need to prove a letter coming from your manufacturer that
> states those facts:
>
> -your manufacturer doesn't provide you any EAN codes.
> -your manufacturer allows you to send his products without any EAN
> codes.
> -your manufacturer is not going to buy any EAN code during the 2 next
> years.
>
> Incomplete applications will not be processed. EAN or UPC exemptions
> cannot be granted for single ASINs sold in product bundles or in bulk.
> With the exception of antique products, the condition of an item for
> which an EAN or UPC exemption is requested must be New.
>
> Please find more info about those EAN exemptions requests by clicking on
> the following link: ***
>
> No answer is require from your side, but if you have further questions
> concerning your sales, please never hesitate to contact *** again [...]
>

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