Trademark Policy

Introduction

The FileZilla project oversees the trademarks for the FileZilla names and logos. We have developed the present trademark policy with the following goals in mind:

We want to make it easy for anyone to use the FileZilla name or logo for community-oriented efforts that help spread and improve FileZilla.

We want to make hard for anyone to use the FileZilla name and logo to trick or confuse people who are looking for official FileZilla resources.

Any use of any FileZilla trademark must be in accordance with our policy. Any use that does not comply with FileZilla trademark policy or does not have written authorisation from the FileZilla project is not authorised.

FileZilla's Trademark Policy wants to make sure that the FileZilla trademark remains an indicator of source, quality and security, yet allowing community members to develop with peace of mind their affiliation with FileZilla.

Let’s start from the basics: why do trademarks exist in the first place? Trademarks help users and consumers to differentiate products of different producers.

After over 15 years since FileZilla was born, people have place trust in the FileZilla name and the product quality it represents. In the internet world, where other choices are just a click away, trust is one of the principal decision factors people choose from. The FileZilla project is the caretaker of the trust our community members have placed in it, and the FileZilla Trademark Policy has been designed to protect both the public's and our community's trust.

Too often we receive reports about websites selling the FileZilla client, using the FileZilla trademark to deceptively promote other products and services. Unfortunately such activities are often dishonest, cause confusion among users, and put at risk the FileZilla identity.

Sometimes that happens just because people are FileZilla positive and high-energy users and just forget to use the trademarks properly, more often they want trading on the brand for their own benefit and/or distributing changed versions, with the intent to fool and make money from users. We want to protect users and people (who use a product or service) as well as the trust in our brand, so we analyse reports of such activities and we manage those on a case by case basis, depending on intent and seriousness.

FileZilla trademark policy has been designed to clear up which uses of the FileZilla trademarks are legal and which uses are not. Our aim is to do our best to let people know whom they are dealing with, and where the software they are downloading comes from. Sites that are not created or produced by the FileZilla Project should not suggest, either directly or by mistake, that they are.

Guidelines for Web Sites

We encourage the use of the FileZilla trademark in marketing, and other publicity materials related to FileZilla products. This does not include advertising stating that a person or organisation is shipping FileZilla products, even in an unmodified version. You have no rights to use the trademarks for advertisement purposes. Any use of a FileZilla trademark must be non-confusing.

So, you can't say you're distributing the FileZilla FTP Client when you're actually distributing a changed version of FileZilla Client, or use the FileZilla logos on your site or on your product’s name or description.

To make things simpler for you we put together some basic guidelines that apply to any use of the FileZilla trademarks in articles and websites:

Proper Form – FileZilla's trademarks should be used in their exact form – neither abbreviated nor combined with any other word or words;

Accompanying Symbol – The first or most prominent mention of a FileZilla trademark should be accompanied by a symbol indicating the mark is a registered trademark ("®");

Notice – The following notice should appear somewhere nearby (at least on the same page or on the credits page) the first use of a FileZilla trademark: "FileZilla is a registered trademark of its respective owners”;

Distinguishable – Your website may not copy the look and feel of the FileZilla website, again, we do not want the visitor to your website to be confused about which company he/she is dealing with.

Software Distributions of Unaltered Binaries

You may distribute unchanged official binaries (i.e., the installer file available for download for each platform and not the program executable) downloaded from filezilla-project.org to anyone in any way, subject to governing law, without receiving any further permission. Remember that FileZilla is distributed under the GNU GPL license, and you must comply with its requirements.

To distribute the unchanged official binaries using the FileZilla trademark, as long as you comply with this Trademark Policy and you distribute them without charge, no permission is needed.

In order to do that you must not remove or change any part of the official binary, including but not limited to the FileZilla trademark. On your website or in other materials, you may truthfully state that the software you are providing is an unmodified version of a FileZilla application, keeping in mind the overall guidelines detailed above. If you choose to provide visitors to your website the opportunity to download FileZilla product, we strongly encourage you to do so by means of a link to our site, to help ensure faster, more reliable downloads.

If you choose to distribute official FileZilla binaries yourself, you must make the latest stable version available, otherwise users may get an old version containing bugs or other issues. In case you believe an older version is more adequate, you must clearly state that the version you are shipping is outdated, and you may distribute it only as long as you also provide the most up-to-date version in an equally prominent way.

If you are distributing FileZilla binaries yourself, and wish to use the FileZilla trademark, you may not (a) disable, modify or otherwise interfere with any installation mechanism contained in a FileZilla product; (b) use any such installation mechanism to install any plug-ins, themes, extensions, software, or items other than the FileZilla product; or (c) use or provide any program, mechanism or process (other than an installation mechanism contained in the FileZilla product) to install such product. Any use of a meta-installer would require our prior written permission.

If you are using the FileZilla trademark for the unaltered binaries you are distributing, you may not charge for that product. By not charging, we mean the FileZilla product must be without cost and its distribution (whether by download or other media) may not be subject to a fee, or tied to subscribing to or purchasing a service, or the collection of personal information. If you want to sell the product, you may do so, but you must call that product by another name—one unrelated to FileZilla (see the following section about “Modifications".

Remember our rule of thumb: we do not want the public to be confused.

Modifications

If you're taking full advantage of the open-source nature of FileZilla's products and making significant functional changes, you may not redistribute the fruits of your labor under any FileZilla trademark, without FileZilla's prior written consent. For example, if the product you've modified is FileZilla Client, you may not use FileZilla, in whole or in part, in its name. Also, it would be inappropriate for you to say "based on FileZilla (Client)“. Instead, in the interest of complete accuracy, you could describe your executables as "incorporating FileZilla source code.”

In addition, if you compile a modified version, as discussed above, you will require FileZilla Project's prior written permission. If it's not the unmodified installer package from filezilla-project.org, and you want to use our trademark(s), our review and approval of your modifications is required. You also must change the name of the executable so as to reduce the chance that a user of the modified software will be misled into believing it to be a native FileZilla product.

Any modification to the FileZilla product, including adding to, modifying in any way, or deleting content from the files included with an installer, file location changes, added code, modification of any source files including additions and deletions, etc., will require our permission if you want to use the FileZilla trademark. If you have any doubt, just ask us at trademarks@filezilla-project.org.

For the sake of clarity, nothing in this trademark policy requires you to ignore or supersedes any provision of the GNU GPL or any other applicable license. However, in any instance you cannot comply with both the terms of this trademark policy and the software license, you shall avoid to use the trademark altogether, unless for descriptive and lawful purposes.

Domain Names

If you want to include all or part of a FileZilla trademark in a domain name, you have to receive written permission from FileZilla project. People naturally connect domain names with organisations whose names sound almost the same. Almost any use of a FileZilla trademark in a domain name is likely to confuse people, this way running on the wrong side of the needed thing that any use of a FileZilla trademark be non-confusing.

If you want to include all or part of a FileZilla trademark in a domain name, you have to receive written permission from FileZilla project. People naturally associate domain names with organisations whose names sound similar. Almost any use of a FileZilla trademark in a domain name is likely to confuse consumers, thus running afoul of the overarching requirement that any use of a FileZilla trademark be non-confusing.

As a condition to receive the permission to use the FileZilla trademark under this trademark policy, you shall never register, attempt to register, have third parties to register on your behalf, obtain transfer or otherwise actively use a domain name which contains the "FileZilla" string or a confusingly similar one.

There is one additional broad category of things you can't do with FileZilla's trademarks: Produce changed versions of them. A changed mark also would raise the possibility of causing people confusion, this way violating FileZilla's trademark rights. Remember that our main aim is avoiding any use of a FileZilla Mark that can be confusing.

Reporting Trademark Abuse

If you happen to know about a FileZilla trademark abuse all you have to do is fill out the relevant information via email to trademarks@filezilla-project.org. The more information you supply when you file the report, the easier it is for us to evaluate and respond appropriately.

Questions

We have tried to make our trademark policy as comprehensive as possible. If you're considering a use of a FileZilla trademark that's not covered by the policy, and you're unsure whether that use would run afoul of FileZilla's guidelines, feel free to contact us at trademarks@filezilla-project.org and ask.

Tim Kosse, FileZilla author and trademark owner