SErvice Mark & COPYRIGHT USE
InDev Service Mark and Copyright Guidelines
InDev Tactical, InDev Specialists Inc., (InDev), and all related divisions or entities stipulate that all brand names, logos, videos, website content, and other matter are protectable under service mark and/or copyright law, including its program name “ASSISTSM”, among its most valuable assets.
Protecting its intellectual property is a priority for InDev. The following procedures have been established to protect the intellectual property rights of InDev Specialists Inc. (InDev), its divisions, and subsidiaries. These procedures are intended to guide InDev’s partners, customers, consultants, publishers, and/or any third party wishing to use any InDev intellectual property asset owned by or conflicting with rights of InDev in any promotional, commercial, educational or reference material.
Follow these guidelines when using any InDev brand name, logo, video, website content, or other protected matter. Following these guidelines will help InDev protect its valuable intellectual property and preserve the integrity of its corporate identity and strengthen its brand equity and recognition. Failure to follow these procedures, malicious misuse, or theft of intellectual property or rights may result in legal action.
What Is a Service Mark?
A Service Mark “SM” is a service mark device used in connection with services. Businesses use service marks to identify their services and distinguish them from other services provided in the same field. Service marks consist of letters, words, symbols, and other devices that help inform consumers about the origin or source of a particular service.
“Service marks protect the good will and reputation earned by businesses that have invested time, energy, and money in bringing quality services to the public. Service marks also encourage competition by requiring businesses to associate their marks with the quality of services they offer. In this way service marks function as a barometer of quality upon which consumers may rely when making decisions to purchase. However, service marks are often infringed, and consumers grow leery when inferior services are passed off as a competitor's through use of a deceptively similar mark. Thus legal protection of service marks can save consumers from making improvident expenditures for services of dubious or unknown origin.”
Service marks are regulated by the law of Unfair Competition. At the federal level, service mark infringement is governed by the Lanham Service Mark Act of 1946 (15 U.S.C.A. § 1051 et. seq.). Service marks are a particular type of service mark; the substantive and procedural rules governing both types of marks are fundamentally the same.
What Is Copyright?
Copyrights are exclusive rights to original works, including certain original written material, pictorial and graphical work, audiovisual work, and computer programs. The owner of a copyright has the right to exclude any other person from reproducing, displaying, distributing, creating derivative works, performing, or otherwise using the original work.
InDev copyrights include all InDev generated written works, logos, and phrases; web designs, graphics, and content; standalone videos, graphics, and promotional materials, and all web based videos, promotional materials, educational materials and proprietary codes. You may not use any copyright asset owned by InDev without a license or written permission authorized by a member of the InDev executive staff, board, or legal counsel. If you have questions about the copyright guidelines or to request permission to use copyrighted materials, contact InDev at (703) 330-1836.
Use of any service mark, other service mark, or copyright owned by InDev is prohibited without a license or other express, written, permission granted by InDev.
All permitted uses must adhere to the following guidelines or follow the specific written guidelines provided by InDev. If you have questions about InDev’s service mark guidelines please contact us at (703) 330-1836.
Service mark and Copyright General Guidelines
The following guidelines do not provide an exhaustive list of InDev’s copyright, service mark, or service mark rights. InDev reserves all rights to its intellectual property including rights not expressly reflected below.
Additional guidelines outlining both prohibited and permitted uses of InDev service marks and copyrights including size, typeface, font, color, and/or other graphical characteristics may be received from InDev. Additional guidelines are meant to supplement, not replace, these guidelines. You are required to abide by these guidelines as well as any and all supplement instructions and guidelines received from InDev.
Permitted Uses of InDev Service Marks and Copyrights
The proper and correct use of InDev service marks and copyrighted materials is important. The use InDev service marks, product names, and copyrights are permitted that refer, and reflect positively on, InDev products and services is permitted provided that such use strictly adheres to the following guidelines or other InDev provided instructions. Your may not mislead consumers/customers, the public, or any entity in regards to any InDev sponsorship, affiliation, or endorsement of yourself, an organization, or any external product or service; such uses require separate, written, and approved agreements or licenses.
1. Logos: InDev logo use is permitted only under license or written permission or where a specialized logo has been developed to designate a separate business relationship exists with InDev. Logo use must adhere to the specific design and color schemes provided or in black and white. However the graphic design of logos may not be altered.
2. Text Use of Service Marks: Always feature any InDev service mark in word form (or graphic form) as it appears in official InDev service mark documentation. Do not alter, shorten or abbreviate any InDev service mark or use any InDev service mark in plural or modified form.
3. Distinguish Service Marks in Text: When referencing an InDev service mark in text, it must be distinguishable from the surrounding text. Acceptable methods of distinguishing service marks include capitalizing the InDev service mark, the use of quotation marks, or the use of a differentiating typographic style, font, or color for the service mark.
4. Service Mark Use Within Text: InDev service marks should be used as adjectives to the extent possible. This should be followed by the product or service each mark modifies (i.e., ASSIST Training). Do not use InDev service marks as nouns or verbs, nor in possessive or plural form.
5. Service Mark Notice: When referencing an InDev related service mark, include the relevant ® or SM symbol associated with the mark. The ® or SM symbol need only be used on your first or most prominent reference to an InDev service marked item.
6. Service Mark Attribution: When referencing an InDev service mark in a publication, website, promotional material, or other entity always include appropriate service mark attribution language for the InDev item referenced. Unless otherwise provided for in your license and/or contractual permission, the following is the recommended service mark attribution should be added as a footnote at the bottom of the relevant page: InDev Tactical, InDev, ASSIST, ASSIST Training, (or other InDev service marked item), are used here with permission from InDev Specialists Inc.
7. Copyright Attribution: If granted permission to use an InDev logo, video or other copyrightable work owned by InDev, always include appropriate copyright attribution language. Unless otherwise provided for in the copyright license or written permission documentation, use the following, or equivalent, copyright attribution language: © 2014 InDev Tactical. All rights reserved. [Insert the appropriate InDev device descriptor for the copyrighted material (i.e., InDev Corporate Logo) being referenced.
Prohibited Use of InDev Service Marks and/or Copyrights
1. Affiliation, Endorsement, or Sponsorship: InDev service marks may not be used in a manner that implies InDev affiliation, sanction, sponsorship, endorsement, certification, or approval of any non-InDev related program, entity, or event. Do not use any InDev service mark in a manner that it appears InDev is associated, formally or informally, with an outside person, organization, event, or activity. InDev service mark on all non-InDev originated materials must be pre-approved in writing.
2. Merchandise: InDev related service marks or copyrighted materials may not be produced or manufactured, sold, or given away on merchandise items i.e., clothing, mugs, or other items. Do not reproduce any InDev service mark including names and logos without express written permission or licensing from InDev.
3. Domain Names & Publications: Do not incorporate InDev service marks or logos in any organization name, app-name, title, publication title, conference title, website name, or domain name without InDev’s express, prior written permission, or licensing agreement. Unless otherwise contractually obligated, InDev reserves the right to withdraw permission at any time.
4. Service Mark Equivalents: You may create any similarly spelled, intentionally misspelled, phonetic equivalent, or service mark that resembles, alludes to, or sounds like an InDev service mark in an attempt to circumvent InDev’s rights or intentionally mislead, or misdirect others seeking InDev and its family of services. You may not use abbreviations or foreign language translations, in whole or in part, in any InDev service mark.
5. Intentional Misdirection: The creation of any external organization name, logo, app name, publication title, conference title, website name, domain name, or other misdirection device that intentionally misleads existing or potential customers/consumers, the general public, or any entity as to affiliation with or endorsement by InDev, or meant to misdirect enterprise is hereby prohibited.
Specifically the use of any name, brand, or logo that is intentionally confusing as being a part or extension of an InDev service mark family or that was developed to mislead enterprise or interfere with InDev’s commerce is hereby prohibited. The use typestyles for an organization or product name that is confusingly similar to any InDev’s service marks and/or copyrights and create the potential impression of an association between InDev and your organization. You may not use logos or designs that incorporate design elements of or look similar to those of InDev.
6. Hybrid Service Marks: The creation or use of an organization name, brand name, website address, or domain name that combines an InDev service mark with other words, terms or service marks or which otherwise give the impression of affiliation with or endorsement by InDev, or to misdirect commerce is prohibited.
Specifically, it is prohibited to register, use, or create a name such as: ASSIST-TrainingXYZ.com/net/org/etc, 123assisttraining.com/net/org/etc as a domain name or website address, or service name InDev Training ABC, X1-ASSIST, or YYY_ASSIST Training, etc.
7. Advertising Key Words: It is prohibited to purchase of any InDev service mark as an ad word or advertising key word from any search engine, social media forum, or other online venue without express written permission from InDev. Any written permission provided for such services may be withdrawn if abuses or violation of guidelines or supplementary instructions are encountered.
8. Social Media and Promotional Materials: The display, use, or incorporation of any InDev logo, design, website content, video, material, or other InDev service marked or copyrighted product on an unrelated website, social media forum, marketing device, presentation or promotional materials, or other promotion is prohibited without a license or written prior approval.
9. Alteration: No InDev logo, design, or other service mark or copyright product may be altered, modified, or changed in any manner. No InDev logo, design, or other service marked or copyrighted product may be incorporate into another organization name, logo, or product except under license or with written prior approval.
10. Disparaging Use: You may not use InDev service marked or copyrighted materials in a disparaging manner or in any fashion that diminishes, dilutes, tarnishes or otherwise conflicts with InDev’s standing or commerce; including its ability to use or enjoy the full and free use of its service marked or copyrighted items, products, logos, or entities.
Web based e-Learning Platform
InDev may authorize the use its e-learning platform; however permission to use InDev related web-based technologies does not extend permission to use InDev service marks or copyrights. The service mark and copyright guidelines above and any supplement guidelines remain in effect to your use of any service mark or copyright during participation of any InDev e-learning platform and all other InDev related web based programs.
 The above information were excerpted from: http://legal-dictionary.thefreedictionary.com/Service+Mark