MS policies regarding use of logos in project?

[sciguyryan]

Hi everyone!

I'm writing a program, a system information program, that detects things like OS version etc. I'm not planning to sell the program and want to provide it free of charge (or even open source).

I would like to include the XP logo to identify XP, etc. but I do not know Microsoft's policy on this. Does anyone know or know whom I should contact about this?

Thanks!

[baja_yu]

Not sure, but I guess you can use it as long as you put a trademark disclaimer somewhere. A lot of sites that sell software (or even hardware) display Windows logo saying something like "Designed for Windows XP" etc.

EDIT: Maybe this will provide more info: http://www.publaw.com/fairusetrade.html

An author's use of a trademark for the above-referenced situations should be considered a non-confusing "nominative use" when it meets the following requirements: (1) the trademark owner's product or service must be one that is not readily identifiable without the use of the trademark; (2) the author only uses as much of the trademark as is reasonably necessary to identify the trademark owner's products or services; and (3) the author does nothing that would, in conjunction with the trademark, suggest to the reader sponsorship or endorsement by the trademark owner.

[sciguyryan]

That's interest. That would be easy to add to the about:credits if that is true. It would still be interesting to know if this is definitely the case.

[techgnome]

googled "Windows Logo Use" ....
First result: http://www.microsoft.com/about/legal...e/Windows.aspx

-tg

[sciguyryan]

I looked at that already. It does not seem to really show the items I am interested in.

[si_the_geek]

A lot of sites that sell software (or even hardware) display Windows logo saying something like "Designed for Windows XP" etc.

That is a different issue I'm afraid, because it is a paid scheme where Microsoft check that your software is safe, and meets the published rules for apps on Windows.

If your app passes their tests, they allow you to use the logo. Using that particular logo without having them explicitly give you permission is extremely likely to get you in legal trouble.

EDIT: Maybe this will provide more info: http://www.publaw.com/fairusetrade.html

That only covers using the name, not the logo... however the "disclaimer" section is very good advice, and is likely to be enough if you use a reasonably sized logo in a way that is clearly not affiliated with your program itself (which seems to be the case).

However, I would recommend checking the API documentation to see if there is one that will show the logo - because if there is then you will see some kind of official permission statement from MS themselves, and not have to distribute the images either.

[sciguyryan]

I have never seen an API that will display the Windows Logo. But it would be great if someone knew of one!

As for the disclaimer, that should be simple. As I said. That is easily added to the about page.

[si_the_geek]

If there is an API, it should be listed at the link I gave.

[Quiver318]

I would like to include the XP logo to identify XP...

Despite how harmless your idea seems, I think I would always default on getting written permission so that no one would view the placed logo as a violation of trademark infringement, unfair competition and false advertising. If you can't get permission, or find the full usage policy (in a press kit or something) then I would not use it.

It is really not about the software being commercial versus free / open source. The problem is if end-users ever become confused into thinking your program is made by Microsoft, or that it is is endorsed by them, sponsored by them, or in partnership with them, and so on. In fact, it can often be about the trademark owner's perception about end-user confusion, even if it is not based in reality.

[Nightwalker83]

Some software that includes the logos, etc of other companies in that piece of software usually have a disclaimer on the software saying that the logos, etc are the property of the respective companies.

[baja_yu]

If you decide to include it, my suggestion would be to have the disclaimer somewhere on the screen where the logo appears too. Possibly even on a splash screen.

[si_the_geek]

Thread moved from 'General Discussion / Chit Chat' forum to 'General Developer' forum. (thanks for letting us know Nightwalker83, I'm not sure how I missed it before!)

[dilettante]

As far as I can tell the actual Windows Logo is unchanged for different versions of Windows.

What does change some are the boot splash screen, Start Menu button, and of course the hardware and software compatibility logos that are part of the Logo Program branding. But the 4-tiled wavy flag has not changed.