Chef Trademark Policy

Introduction

This trademark policy (“Policy”) was prepared to help you understand how to use Chef Software Inc.’s (“Chef”) trademarks, service marks, and logos (collectively “Chef Mark(s)” or “Marks”). Use of any Chef Mark must be in accordance with this Policy or a separate license agreement. To the extent any part of this Policy conflicts or is inconsistent with any part of a written agreement or other license between you and Chef, the written agreement or other license shall control. Any goodwill generated by the use of any Chef Marks will be for the benefit of Chef.

Chef Trademarks

This Policy encompasses all trademarks and service marks, whether Word Marks or Logos which are owned by Chef. This Policy covers Chef Marks whether they are registered or not. This Policy applies to all uses of Chef Marks, in text and logo form, whether or not identified below. Chef will update the list below from time to time.

Our word trademarks and service marks (the “Word Marks”):

CHEF®

HABITAT®

INSPECTM

CHEF HABITATTM

CHEF AUTOMATETM

CHEF WORKSTATIONTM

CHEF INSPECTM

CHEF INFRATM

CODED ENTERPRISETM

ENTERPRISE AUTOMATION STACKTM

COMPLIANCE AT VELOCITY®

OPSCODE®

 

Our logos (the “Logos”): The CHEF logo at the top of this policy.

 

General Use Guidelines

Trademarks exist to help consumers identify, and organizations publicize, the source of products. Trademark law does not allow your use of names or trademarks that are confusingly similar to ours. Whenever you use one of the Chef Marks, you must always do so in a way that does not mislead anyone, either directly or by omission, about exactly what they are getting and from whom. You therefore may not use an obvious variation of any Chef Marks or any phonetic equivalent, foreign language equivalent, takeoff, or abbreviation for a similar or compatible product or service. For example, you cannot say you are distributing Chef software when you’re distributing a modified version of it, because recipients may not understand the differences between your modified versions and our own. You also cannot use our logo on your website in a way that suggests that your website is an official Chef website or that we endorse your website.

You can say you like Chef software, and that you participate in the Chef community.

You may not use Chef Marks in association with the use or distribution of software if you are not in compliance with the copyright license for the software.

Specific Use Cases

OPEN SOURCE SOFTWARE: We release open source code under the Apache 2.0 license, which permits third parties to copy and redistribute the underlying software under the terms of the license. However, the Apache 2.0 license does not provide any license or right to use any of the Chef Marks. You may redistribute the applicable Chef open source software under the terms of the Apache 2.0 license, but you may not use the Chef Marks in doing so without express written permission from Chef or as expressly permitted in this Policy.

PRODUCTS AND SERVICES RELATED TO CHEF SOFTWARE: If you offer products or services related to Chef Marks, you may use the Chef Marks in describing and advertising your product so long as you don’t mislead customers into thinking that either your website, service, or product is a Chef website, service, or product, or that Chef has any direct relationship with your organization. For example: “FooCo Management Dashboard for Chef Habitat” is okay. “FooCo Chef” is not okay, nor is “FooCo Chef Automate Dashboard”. In addition, your website may not copy the look and feel of any Chef website. Chef does not want the visitor to your website to be confused with whom she/he is dealing. When in doubt, err on the side of providing more, rather than less, explanation and information.

PUBLICATIONS AND PRESENTATIONS: Third parties may use the Chef Marks in publications, such as books or magazines, or in connection with the presentations and publications that are displayed to the public (collectively, “Publications”), provided that: (i) such use is referential only: You are simply referring to Chef and its products; (ii) Your name or mark and logo shall appear in a prominent location on the cover or the title page of the Publication and shall be featured with greater prominence than the Chef Mark; (iii) you do not alter or change any Chef Mark or logo; (v) you comply with this Policy and usage guidelines; (vi) you attribute the Chef Marks with the proper symbol and footnote it on all Publications, webpages, announcements, or anywhere you might use a Chef Mark.

MERCHANDISE: You must obtain prior written approval from Chef to use the Chef Marks in any merchandise. In general, permission to use a Chef Mark may be granted for those wishing to create merchandise that promotes Chef and the Chef community.

USER GROUPS: You can use the Word Marks as part of your user group name provided that (i) the main focus of the group is our software; (ii) the group does not make a profit; and (iii) any charge to attend meetings are to cover the cost of the venue, food and drink only.

Unauthorized use of chef marks

We will likely consider your use any of our Marks as part of a domain name or subdomain an infringement of our Marks. You may not use or register the Chef Marks as part of your own trademark, service mark, company name, trade name, product name or service name without our prior written approval.

We consider your compilation of our open source code into a distribution for use in your business to be your distribution, not Chef’s distribution. Therefore, the resulting distribution must have enough of the Chef Marks removed from the source code so as to not confuse users as to the origin of the distribution.

We will consider use of Chef Marks in connection with any conference, other than a user group as described above, an infringement of our Marks. If you wish to use Chef Marks for this purpose, please contact: Marketing@Chef.io

We will consider use of the Chef Marks or any other Chef-owned graphic, symbol or logo in a manner that disparages Chef, the Chef project and community or its technology an infringement of our Marks. We will consider use of any of our Marks in a way that damages the brand integrity, or is offensive, defamatory, illegal, or unethical, to be an infringement of our Marks.

Trademark marking and legends

The first or most prominent mention of a Chef Mark on a webpage, document, packaging, or documentation should be accompanied by a symbol indicating whether the mark is a registered trademark (“®”) or an unregistered trademark (“™”). See our Trademark List in the table above for the correct symbol to use.

Use of Chef Marks in text

Always distinguish trademarks from surrounding text with at least initial capital letters or in all capital letters.

Unacceptable: chef

Acceptable: CHEF, Chef

Always use trademarks in their exact form with the correct spelling, neither abbreviated, hyphenated, or combined with any other word or words.

Unacceptable: CHEFF, MyChef, SHEF

Don’t pluralize a trademark.

Unacceptable: I have seventeen Chefs running in my lab.

Don’t translate a trademark into another language.

Unacceptable: Quiero instalar Cocinero en mi sistema.

Acceptable: Quiero instalar Chef en mi sistema.

Use of Chef Logos

You may not change any Logo except to scale it. This means you may not add decorative elements, change the colors, change the proportions, distort it, or combine it with other logos. However, when the context requires the use of black-and-white graphics and the logo is color, you may reproduce the logo in a manner that produces a black-and-white image.

What to do when you see abuse

If you are aware of any confusing use or misuse of the Marks in any way, we would appreciate you bringing this to our attention. Please contact us at Legal@Chef.io so that we can investigate it further.

Chef reserves the right to review all usage of the Chef Marks and to terminate use of the Chef Marks by any party for non-compliance with this Policy or written authorization. If Chef determines that your use of a Chef Mark is outside the scope of this Policy or an applicable license, Chef will revoke the authorization. Upon revocation of the authorization you must immediately cease all use of the applicable Chef Mark.

Where to get further information

If you have any questions about this Policy, or would like to speak with us about the use of our Marks in ways not described in the Policy, please contact Marketing@Chef.io. If you would like more information about trademarks in general, consult your legal counsel or www.uspto.gov/trademark. This Trademark Policy was partially derived from Model Trademark Guidelines, available at www.modeltrademarkguidelines.org.