Guidelines for Using Spellbinders Trademarks and Copyrights

Transcription

1 Guidelines for Using Spellbinders Trademarks and Copyrights These guidelines are for Spellbinders Custom Product Partners, customers, developers, and other parties wishing to use Spellbinders trademarks, logos, service marks or images ("Marks") in promotional, advertising, instructional, or reference materials, or on their web sites, products, labels, or packaging. Use of Spellbinders' Marks may be prohibited, unless expressly authorized. If you are a licensee of a Spellbinders Mark and have been provided with special trademark usage guidelines with your license agreement, please follow those guidelines. If your agreement does not provide usage guidelines, please follow these guidelines. If you are a Spellbinders Reseller, Spellbinders Custom Product Partner or member of another Spellbinders program, you may be subject to additional restrictions. Spellbinders trademarks, trade names, and trade dress are valuable assets. In following these guidelines, you help us protect our valuable trademark rights and strengthen our corporate and brand identities. By using a Spellbinders Mark, in whole or in part, you are acknowledging and agreeing that: 1. Spellbinders is the sole owner of the Mark. 2. You will not interfere with Spellbinders rights in the Mark, including challenging Spellbinders use, registration of, or application to register such Mark, alone or in combination with other words, anywhere in the world. 3. You will not harm, misuse, or bring into disrepute any Spellbinders Mark. The goodwill derived from using any part of a Spellbinders Mark exclusively inures to the benefit of and belongs to Spellbinders. Except for the limited right to use as expressly permitted under these Guidelines, no other rights of any kind are granted hereunder, by implication or otherwise. If you have any questions regarding these guidelines, please contact Spellbinders directly by sending an to support@spellbinderscreativearts.zendesk.com or call Spellbinders Customer Service at (888) Authorized Use of Spellbinders Trademarks 1. Advertising, Promotional, and Sales Materials: Only Spellbinders and its customers and licensees may use the Spellbinders Marks, including the Spellbinders Logo, in advertising, promotional, and sales materials. Spellbinders licensees and customers only may use the Spellbinders Marks, however, with written consent of Spellbinders and such use must always be in conjunction with the terms that define the relationship authorized by their contract with Spellbinders. 2. Compatibility: Compatible Product Manufacturers (i.e. stamp companies) may use Spellbinders, SPELLBINDERS word mark (but not the Spellbinders Logo or other Spellbindersowned 1

2 graphic symbol/logo) in a referential phrase on packaging or promotional/advertising materials to describe that the product is compatible with the referenced Spellbinders product or technology, provided they comply with the following requirements: a. The SPELLBINDERS word mark is not part of the product name. b. The SPELLBINDERS word mark is used in a referential phrase such as matches, for use with, for, or compatible with. c. The SPELLBINDERS word mark appears less prominent than the product name. d. The product is in fact compatible with, or otherwise works with, the referenced Spellbinders product. e. The reference to SPELLBINDERS does not create a sense of endorsement, sponsorship, or false association with Spellbinders or Spellbinders' products or services. Trademarks and logos should not be presented in any manner potentially creating confusion of endorsement or affiliation for a consumer. f. The use does not show Spellbinders or its products in a false or derogatory light. 3. Publications, Seminars, and Conferences: You may use a Spellbinders word mark in connection with book titles, magazines, periodicals, workshops, or classes provided you comply with the following requirements: a. The use is referential and less prominent than the rest of the title. Acceptable: XYZ STAMPING CLASS using Spellbinders Nestabilities. b. The use reflects favorably on both Spellbinders and Spellbinders products or technology. c. Your name and logo appear more prominent than the Spellbinders word mark on all printed materials related to the publication, seminar or conference. d. The Spellbinders logo or any other Spellbinders-owned graphic symbol, logo, icon or image does not appear on or in the publication or on any materials related to the publication, seminar, or conference without express written permission from Spellbinders. e. A disclaimer of sponsorship, affiliation, or endorsement by Spellbinders, similar to the following, is included on the publication and on all related printed materials: (Title) is an independent (publication) and has not been authorized, sponsored, or otherwise approved by Spellbinders Paper Arts Co., LLC. f. A trademark attribution notice is included in the credit section giving notice of Spellbinders ownership of its trademark(s). Please refer to the section below titled Proper Trademark Notice and Attribution. 4. Web Sites: Web sites that serve as noncommercial electronic informational forums concerning a Spellbinders product or technology or serve as a commercial forum featuring products intended for use with or custom products supplied by Spellbinders may use the appropriate Spellbinders word mark provided such use complies with the guidelines set forth in Section 3 above. Unauthorized Use of Spellbinders Trademarks 1. Company, Product, or Service Name: You may not use or register, in whole or in part, Spellbinders, Nestabilities, Shapeabilities, Borderabilities, or any other Spellbinders Mark, including Spellbinders-owned graphic symbols, logos, icons, or an alteration thereof, as or as part of a company name, trade name, product name, or service name, except pursuant to an express written license for certain types of use. 2. Spellbinders Logo and Spellbinders-owned Graphic Symbols: You may not use the Spellbinders Logo or any other Spellbinders-owned graphic symbol, logo, or icon on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or 2

3 for any other purpose except pursuant to an express written trademark license from Spellbinders, such as a Custom Product Partner agreement. 3. Variations, Takeoffs or Abbreviations: You may not use an image of a real Spellbinders or other variation of the Spellbinders logo for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of a Spellbinders trademark for any purpose. For example: Not acceptable: Spellbinderstree Nestableaties Spellbinders Cart Nestiesmart 4. Disparaging Manner: You may not use a Spellbinders trademark or any other Spellbindersowned graphic symbol, logo, or icon in a disparaging manner. 5. Endorsement or Sponsorship: You may not use Spellbinders, Nestabilities, Shapeabilities, or any other Spellbinders Mark, including Spellbinders-owned graphic symbols/logos, or icons, in a manner that would imply Spellbinders affiliation with or endorsement, sponsorship, or support of a third party product or service. 6. Merchandise Items: You may not manufacture, sell or give-away merchandise items, such as T- shirts and mugs, bearing Spellbinders, Nestabilities, Shapeabilities or any other Spellbinders trademark, including symbols, logos, or icons, except pursuant to an express written trademark license from Spellbinders. 7. Spellbinders Trade Dress: You may not imitate the distinctive Spellbinders packaging, web site design, logos, or typefaces. 8. Slogans and Taglines: You may not use or imitate a Spellbinders slogan or tagline. For example: Beautiful Details Inspiring Creativity 9. Domain Names: You may not use an identical or virtually identical Spellbinders trademark as a second level domain name. Not acceptable: Nestabilities.com, NestiesSpellbinders.com, Nestabilities-Spellbinders.com, Nestiesmart.com. Rules for Proper Use of Spellbinders Marks 1. Trademarks are adjectives used to modify nouns; the noun is the generic name of a product or service. 2. As adjectives, trademarks may not be used in the plural or possessive form. Correct: I bought two Spellbinders Nestabilities. Not Correct: I bought two Nestabilities. 3. An appropriate generic term must appear after the trademark the first time it appears in a printed piece, and as often as is reasonable after that. Suggested generic terms are die cutting system, die templates, punch templates etc. 4. Always spell and capitalize Spellbinders trademarks exactly as they are shown in the Spellbinders Trademark List. Do not shorten or abbreviate Spellbinders product names. Do not make up names that contain Spellbinders' Marks. Proper Trademark Notice and Attribution 1. On product, product documentation, or other product communications that will be distributed only in the United States, use the appropriate trademark symbol (TM, SM, ) the first time the Spellbinders Mark appears in the text of the advertisement, brochure, or other material. 2. Refer to the Spellbinders Trademark List for the correct trademark symbol, spelling of the Mark, and generic term to use with the Mark. Generally, the symbol appears at the right shoulder of the trademark. 3. Include an attribution of Spellbinders ownership of its Marks within the credit notice section of your product, product documentation, or other product communication. 3

4 Following are the correct formats: and are registered trademarks of Spellbinders Paper Arts Co., LLC. and are trademarks of Spellbinders Paper Arts Co., LLC. 4. For distribution Outside the United States use one of the following international credit notices: is a trademark of Spellbinders Paper Arts Co., LLC, registered in the U.S. and other countries. is a trademark of Spellbinders Paper Arts Co., LLC. Depictions of Spellbinders Products 1. Endorsement or Sponsorship: Spellbinders limits the use of its logos, company names, product names, or images of Spellbinders products by other parties in marketing, promotional or advertising materials as their use may create the perception that Spellbinders endorses or sponsors the product, service or promotion. 2. Compatibility: If you are a compatible product manufacturer (i.e. stamp companies), you may show an image of a Spellbinders product in your promotional/advertising materials to depict that your product is compatible with, or otherwise works with, the Spellbinders product or technology, provided you comply with the following requirements: a. Your product is in fact compatible with, or otherwise works with, the referenced Spellbinders product. b. The image is an actual photograph of the genuine Spellbinders product and not an artist s rendering unless provided directly from Spellbinders (Note: You must obtain express written permission from Spellbinders before using any photograph owned or licensed by Spellbinders). c. The Spellbinders product is shown only in the best light, in a manner or context that reflects favorably on the Spellbinders products and on Spellbinders Paper Arts Co., LLC. d. The reference to Spellbinders does not create a sense of endorsement or sponsorship by, or other false association with, Spellbinders or Spellbinders products. For further information or to gain permissions with respect to Spellbinders copyrights, send an to support@spellbinderscreativearts.zendesk.com or call Spellbinders Customer Service at (888) Spellbinders Trademark List The following is a list of Spellbinders trademarks and service marks. When using the Marks in publications that will be distributed only in the United States, include the appropriate TM, SM, or symbol on first use. For publications that will be distributed outside the United States, do not include trademark symbols. Instead use the appropriate trademark attribution notice, for example: Spellbinders and Nestabilities are trademarks of Spellbinders Paper Arts Co., LLC, registered in the U.S. and other countries. The list also includes one or more suggested generic terms for each Mark. For all publications, include an appropriate generic term after the Mark the first time it appears. Thereafter, the generic term should appear frequently with the Mark. (Note: These generic terms are only suggestions, and there may be other words that are equally appropriate.) Remember that trademarks are adjectives, and cannot be made plural or possessive. 4

5 The absence of a product or service name or logo from this list does not constitute a waiver of Spellbinders trademark or other intellectual property rights concerning that name or logo. Spellbinders Shapeabilities Nestabilities Borderabilities Frameabilities Edgeabilities Mega Nestabilities Nesties Impressabilities Wizard Presto Punch Grand Calibur Shaping a Beautiful Life Sapphire Platinum Contour Versacut Technology Tool 'n One Die D-Lites Em-bossing Fold ers In-spire Customizable Template Die Cutting and Embossing System Automatic Punch and Embosser Die Cutting and Embossing Machine Tag Line Cutting and Embossing Machine Cutting and Embossing Machine Steel Rule Dies Platinum Machine's Cutting Technology Paper Release Tool Embossing Folders 5