A question about using the Goanna engine in another open-source app

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KanziBonobo
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A question about using the Goanna engine in another open-source app

Unread post by KanziBonobo » 2022-01-15, 07:31

Hello,

I have a question about using the Goanna engine in other open-source projects. On the Goanna page it says, "Goanna and the Goanna logo are a trademark ™ of Moonchild Productions."

I wanted to ask for specifics on what usage the Pale Moon developers would object to. I would imagine that using the lizard image would be an IP violation, and that calling something the "Goanna X" or "X, Goanna Edition" could be an issue. Would you all object to describing an open-source app as "using Goanna," "with the Goanna engine," or things of that nature? And would you prefer a reference link to Pale Moon's Goanna page, or just complete separation?

To be clear, I'm not asking for legal advice. I'm asking what would cross the line for you guys before it ever became a legal issue. Respectful conversation beats a trial 7 days out of the week.

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Re: A question about using the Goanna engine in another open-source app

Unread post by Moonchild » 2022-01-15, 09:43

Thanks for asking!

The trademark and property rights prevent others from claiming the engine name/brand for their own product. If you are merely using the engine, and using the logo and trademark name merely as a reference to what is being used, then that is called "normative use" which means your use of it would be falling under "fair use" as trademarks are concerned.
Note that you can't call something "Goanna X" without breaking fair use since you'd be calling the actual resulting application Goanna-something. "X, Goanna Edition" is... slightly better but please ask me (the rights holder) in detail before using it, so I can have a look if there might be any confusion for the user. You may want to think about whether it is relevant to use such a naming scheme, as well, instead of using a different name altogether.

Things like "using Goanna", "built on Goanna", "using/with the Goanna engine", etc and displaying the logo in that context is always fine. In that case you are making a clear distinction that you are using something belonging to someone else to make your application. Please do mention that the "trademarks belong to their respective owners" if you use them in publications.

Basically the line is drawn where it becomes using the trademark as a name or representation of your application, not "mentioning it at all". Use common sense and ask about a specific use if there is any doubt.
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KanziBonobo
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Re: A question about using the Goanna engine in another open-source app

Unread post by KanziBonobo » 2022-01-15, 10:41

Thanks! I appreciate the quick response, and all of that makes sense. Take care, and good luck

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