Using the word "FreeNAS" on logo, datasheet etc

[Dotty]

Hi guys
Im not familiar with the legal details, but I was wondering if one is allowed to use the word or brand "FreeNAS" on a custom build for sale.
I have a handful of customers that need NAS and Im considering using FreeNAS on a custom box and affix a label with a logo, saying something like:

FreeNAS
by DotTest

I know I can use the software, but I wonder about the word, brand and logo.

Thanks

 

[BigDave]

Since FreeNAS is trademarked, you would require permission to use the name in any way.

 

[Ericloewe]

You can do damn near anything with the software itself: https://en.wikipedia.org/wiki/BSD_l...ed_BSD_License.22_or_.22FreeBSD_License.22.29

Not so for the brand.

FreeNAS
by DotTest

IANAL, but that would be extremely questionable.

 

[Dotty]

But if I offer FreeNAS preloaded and sell the ongoing support, wouldn't I be also in conflict with the trademark? I mean, just the GUI says "FreeNAS" all over the place.
How come I can use the brand inside the app with no restriction, but not the word "FreeNAS" on a logo just as freely?,, I'm not sure but using the "FreeNAS" outside the box actually brings exposure to the brand.

Another option is to fork it and change all references to the word FreeNAS, that sounds crazy right?

What options do you guys see on this?
Thanks again.

 

[joeschmuck]

But if I offer FreeNAS preloaded and sell the ongoing support, wouldn't I be also in conflict with the trademark?

You cannot claim the product is yours. You can create a computer system then sell the computer and a maintenance contract. But you cannot sell FreeNAS itself, place a trademark label on it, or state you represent iXsystems. I'd think you could install FreeNAS and configure it after the sale but I don't honestly know.

I think this is one of those things where you should consult a trademark attorney before moving forward as it could cost you everything if you break the law and legal action were to occur. And if I were iXsystem, a company who has invested a lot of money into the product then I think I'd fight it.

Also, I don't believe the entire software package is technically under the FreeBSD license, there are unique parts that were designed by iXsystems *(this topic came up several years back) and I'm pretty sure that those are licensed by iXsystems, but I'm not a trademark attorney.

 

[Dotty]

You cannot claim the product is yours. You can create a computer system then sell the computer and a maintenance contract. But you cannot sell FreeNAS itself, place a trademark label on it, or state you represent iXsystems. I'd think you could install FreeNAS and configure it after the sale but I don't honestly know.

I think this is one of those things where you should consult a trademark attorney before moving forward as it could cost you everything if you break the law and legal action were to occur. And if I were iXsystem, a company who has invested a lot of money into the product then I think I'd fight it.

Also, I don't believe the entire software package is technically under the FreeBSD license, there are unique parts that were designed by iXsystems *(this topic came up several years back) and I'm pretty sure that those are licensed by iXsystems, but I'm not a trademark attorney.

Yes, I was thinking on selling the hardware, installing FreeNAS and charge for ongoing maintenance, which will include offsite backups etc,, . No plans whatsoever to claim I own the software, or invented it.
I was thinking on putting a label on the case, with my brand, but I though that actually mentioning "FreeNAS" on the label would bring clarity into knowing the box is running FreeNAS.
Im not sure if Im explaining myself correctly, but lets say I dont put a label at all, wouldn't that look even more as if Im running FreeNAS without giving iXsystem any credit?

I thought by putting for example "FreeNAS by Dotty" I was actually giving credit to iXsystems.

If I put instead "Dotty NAS", it would sound more like I'm hiding the fact that it runs FreeNAS, wouldn't it?

 

[wblock]

I would say to just contact iXsystems. There might be guidelines for this already.

 

[Ericloewe]

I thought by putting for example "FreeNAS by Dotty" I was actually giving credit to iXsystems.

No, that implies you wrote the software.

Also, I don't believe the entire software package is technically under the FreeBSD license, there are unique parts that were designed by iXsystems *(this topic came up several years back) and I'm pretty sure that those are licensed by iXsystems, but I'm not a trademark attorney.

The docs say it is licensed under a 2-clause BSD license, same as FreeBSD (minus the final disclaimer, possibly, but it has little practical relevance). Again, IANAL, but it seems clear to me that FreeNAS can be distributed essentially without limitation as long as the license is distributed along with it. The only problem I see is questionable branding of the server (or something similar) that implies different authorship of the software.

If I put instead "Dotty NAS", it would sound more like I'm hiding the fact that it runs FreeNAS, wouldn't it?

Actually, I think that branding would be acceptable, provided you make it clear that it's using FreeNAS and include the license.

 

[Dotty]

Yes, probably a good question for iXsystems.
I guess I will contact them on Monday and see what they think.

 

[BigDave]

Purely as an example, I will point you to the iX System's website and their ad for the Mini & the MiniXL
Notice the lack of the FreeNAS logo on that web page, and the only mention of the software is a small notice of:

• Pre-installed with FreeNAS on dedicated, internal flash device

I'm thinking there is good reason for the lack of the appearance of a freeNAS logo in their advertising.

 

[Dotty]

Purely as an example, I will point you to the iX System's website and their ad for the Mini & the MiniXL
Notice the lack of the FreeNAS logo on that web page, and the only mention of the software is a small notice of:

• Pre-installed with FreeNAS on dedicated, internal flash device

I'm thinking there is good reason for the lack of the appearance of a FreeNAS logo in their advertising.

I might be looking at the wrong place.
this:
https://www.ixsystems.com/freenas-mini/ says "freenas" all over the place.
Nothing wrong with that, they own the brand,, Im just making a comment.

 

[wblock]

Purely as an example, I will point you to the iX System's website and their ad for the Mini & the MiniXL
Notice the lack of the FreeNAS logo on that web page, and the only mention of the software is a small notice of:

• Pre-installed with FreeNAS on dedicated, internal flash device

I'm thinking there is good reason for the lack of the appearance of a FreeNAS logo in their advertising.

I can't imagine one. "FreeNAS" is the first word of the name, and the case jewels shown in those photos have the logo.

 

[BigDave]

The word appears without the TM designation (seems significant) and the shark logo does not appear at all.

and the case jewels shown in those photos have the logo.

That is a good point!
One would figure that iX Systems would have the OS logo all over their stuff AND the fact that the software has won
numerous awards and accolades would be mentioned at a very prominent place as well. The lack of which seems curious to me.
maybe it's just me, I am after all, a believer in Government coverups of UFOs, Unmarked Black Helicoptors and The Trilateral Commission. ;)

 

[Dotty]

Im completely ignorant of the Open Source details, but I was just thinking, the FreeNAS software is open, freely to be used and redistributed by anyone (obviously, with the mention to FreeNAS everywhere on the GUI , CLI, documents, license etc), but I cannot use the word "FreeNAS" without asking permission? (potentially facing conversations involving lawyers, money, etc)

Shouldn't be the name of the software covered under the same license terms as the software itself?
I mean, agree you should not change the font, the logo, color scheme etc,, but you should be able to use it with no fear of harassment.

Otherwise would be like saying the admission to the club on party night is free, but you just have to pay for crossing the door otherwise you cannot get access to the free club.
- It is crossing the door that cost money, the party in the club is actually free -

In case of FreeNAS, you can use the software, distribute it, etc,, but if at some point iXsystems decide to get you, they might get you for improper use of the brand (even if I just mention it on custom user manuals that I would give to the customer or on a label outside the box where is installed)

P.S I also believe in Government coverups.

 

[Ericloewe]

Just because it's trademarked it doesn't mean you can't use it. It means you can't use it for the name of your business/product. Statements of fact should not be a problem.

 

[Dotty]

So, I can put a logo outside the box that says "FreeNAS inside" for example?
Amazon sell a "Intel Inside" sticker for $5, I dont think Intel has to give anyone explicit permission to put that on a case.
In case of the 'intel inside' that would be a "statement of fact" I guess,, could we say the same about a sticker that says 'FreeNAS inside' or 'Powered by FreeNAS' ?

 

[joeschmuck]

I look forward to hearing what comes from your call to iXsystems.

 

[Sakuru]

It sounds to me like you're just a consultant who wishes to build a FreeNAS box for a client and slap a cool FreeNAS sticker on the front of it. I agree that "FreeNAS by Dotty" sends the wrong message though. That definitely sounds like you're trying to claim it's your product. I suggest using 2 stickers, 1 FreeNAS and the other saying "Assembled by Dotty" or something like that.

 

[anodos]

If you have documentation or a quick-start guide, it may be a good idea to include a disclaimer to the effect that you have no affiliation with ixsystems, the creators of freenas.

 

[Chris Moore]

I thought by putting for example "FreeNAS by Dotty" I was actually giving credit to iXsystems.

If I put instead "Dotty NAS", it would sound more like I'm hiding the fact that it runs FreeNAS, wouldn't it?

If you just want to put a sticker on the hardware, they sell them here:
https://www.freebsdmall.com/cgi-bin/fm/freenassticker

Please let us know what the outcome of a phone call is because I am curious.