How can I describe a product I create using code from the phoneME open source site if I don wish to get it certified by Sun?
If you create a derivative product from code you download from the phoneME community project site, it is not considered “Java Compatible” until it is certified by a Sun-approved Test Compatibility Kit (TCK) test suite. Instead, it is considered a “derivative work based on open source code from the phoneME Project.” Because “phoneME” is a trademark of Sun Microystems, and refers to an open source code base project, and is community sponsored by Sun for the benefit of the Java ecosystem, you can’t call your implementation “phoneME” even if you don’t change any code. You could, however, say something like “phoneXYZ, based on code from the phoneME project” or “phoneXYZ, a phoneME-based implementation.” Trademark law, however, does support a notion of “fair use” that allows the use of a trademarked word as text under certain guidelines. When making fair use of a Java or phoneME trademark, you should acknowledge that Sun Microsystems owns the trademark. The following language is appropriate:
