Trademark and Copyright Usage Guidelines
Please refer to our Terms of Use at http://www.chumby.com/corporate/terms_of_use, which are incorporated herein by this reference.
This document outlines general guidelines of chumby industries, inc. regarding the use of its trademarks and copyrighted material. Any use of chumby industries, inc. trademarks that is inconsistent with these guidelines or the terms of use, or any other unauthorized use of chumby industries, inc. trademarks or marks that are confusingly similar to chumby industries, inc. trademarks, may violate chumby industries, inc.'s trademark rights. Any use of chumby industries, inc. copyrights that is inconsistent with these guidelines or the terms of use may also violate chumby industries, inc.'s rights.
If you have any questions regarding these guidelines, or would like to request permission to use chumby industries, inc. trademarks or copyrightable materials in a manner other than expressly allowed in these guidelines, please send your requests to . Please include your contact information, what content you seek to use and how it will be used. If you are requesting photo permission, please send all copy and captions that will accompany the photo with your request.
I. Trademark Guidelines
A. Introduction
Our guidelines and terms of use concerning trademarks attempt to balance the competing interests between our need to ensure that our trademarks remain reliable indicators of source and quality and our desire to permit authorized licensees and partners to discuss our products and to accurately describe their affiliation with us. Underlying our trademark guidelines is the general law of trademarks, key parts of which are summarized below.
A trademark is a word, symbol or device used to identify the source of goods or services. Trademarks are generally affixed to labels or packaging for goods. Service marks function similarly to trademarks, but are used to identify the source of services, as opposed to goods. Service marks appear in promotional and advertising materials, along with a description of the services provided. This pamphlet will use the term trademark to refer to both trademarks and service marks.
B. All Use of chumby industries, inc. Trademarks Must Be Authorized
You should not use chumby industries, inc. trademarks without the express written authorization of chumby industries, inc. Our trademarks include word marks such as chumby, as well as logos and stylizations of the chumby industries, inc. word marks and design marks such as those shown below.
C. Forms of Use
chumby industries, inc. trademarks should only be used as adjectives or noun modifiers, to identify the specific source of goods or services, not the goods or services themselves. The noun is the generic name of a product or services. chumby industries, inc. trademarks should never be used as a verb or a noun.
Correct: The chumby device is revolutionizing the industry.
Wrong: Did you get a chumby for your birthday?
As adjectives, trademarks may not be used in the plural or possessive form.
Correct: I bought two chumby devices.
Wrong: I bought two chumbys.
Wrong: Chumby's revolutionary design...
chumby industries, inc. trademarks should never be connected to other words, such as by hyphens.
Correct: "[Your product] is compatible with the chumby device."
Wrong: "[Your product] is a chumby-compatible."
chumby industries, inc. trademarks should not be used with any other trademarks, logos, designs, names or other marks in a manner that could confuse the consumer or give the impression that the other marks or their owners are associated with chumby industries, inc.
A reference to a chumby industries, inc. trademark should include the designation "®". Example: "The chumby® line of products are available now."
Materials which refer to chumby industries, inc. trademarks should also include a footnote identifying the mark or marks and stating something to the effect that, for example, "chumby and the chumby logo are the registered trademarks of chumby industries, inc."
When a trademark is used repeatedly in a document, the ® designation should, at a minimum, be used when the trademark first appears, such as in the heading or title, or when first referenced in the text.
Do not use the ® symbol in conjunction with the chumby industries, inc. company name.
D. Prohibitions
Do not use variations of these trademarks (e.g., Chumbilina, octopus design with eight legs).
Do not combine or use the chumby industries, inc. trademarks with your product, service, or company name or any other term (e.g., ACME CHUMBY Supplies).
Do not use chumby industries, inc. trademarks as meta tags for your web pages.
Do not use chumby industries, inc. trademarks or any abbreviations of chumby industries, inc. trademarks as your domain name or as parts of your domain name.
Example: Do not use www.chumbywidgets.com or www.chumbyflash.com as the domain name of a business distributing flash widgets for use on the chumby device.
Do not use chumby industries, inc. trademarks in a manner that would disparage chumby industries, inc., its affiliates, its products, or services (i.e. untruthful advertising, false/misleading promotional materials, etc.).
E. Fair Use
It is possible to make fair use of chumby industries, inc. word marks without express written authorization (i.e. the word CHUMBY, without any logo or stylization) to: 1) make true, factual statements about chumby industries, inc. products bearing those marks, 2) truthfully communicate that your product is compatible with, or designed for use with, chumby industries, inc. products, or 3) truthfully communicate your company's or organization's interest in or use of chumby industries, inc. products (providing that such use is otherwise legally permissible).
Permissible fair uses of the chumby industries, inc. word marks include accurate statements such as:
"The chumby device is..."
"[Your product name] is designed for use with the chumby device."
[Your company or organization] is currently using the chumby device.
When making a fair use of a chumby industries, inc. trademark, you should acknowledge that chumby industries, inc. owns the trademark. The following language is appropriate:
"chumby is a registered trademark of chumby industries, inc. in the United States and/or other countries."
F. Quality Control & Review Process
Product and Services Quality. You may use and apply the chumby industries, inc. marks only to the products and other materials permitted by your agreement only so long as the quality of those products and other materials meet chumby industries, inc.'s high standard of quality consistent with the level of quality reflected in our own products. Without limiting the foregoing and by way of example only:
- Consistent with our terms of use, the chumby industries, inc. marks may not be used on or in connection with any material that is morally offensive or otherwise objectionable in light of chumby industries, inc.'s reputation;
- The chumby industries, inc. marks may not be used on or in connection with any material that libels or defames chumby industries, inc. or any of its partners or customers;
- The chumby industries, inc. marks may not be used on or in connection with any material that violates any state, federal or foreign law or regulation.
Prior Submission of Samples. You must submit samples of any and all materials bearing the chumby industries, inc. marks to chumby industries, inc. for review and approval prior to the distribution of such materials. Unless otherwise provided for in your written agreement with chumby industries, inc., which shall have the right to make reasonable objections to any such sample within thirty (30) days of its receipt thereof on the grounds that it believes in good faith that the use and/or distribution of such materials by you will be damaging to the recognition value or reputation for quality associated with the chumby industries, inc. marks, or the materials do not meet the requirements of this Policy or your written agreement with chumby industries, inc. In the event of such an objection, you shall modify the materials in accordance with the objection of chumby industries, inc. prior to the distribution of the materials.
G. Termination
Unless otherwise provided for in your written agreement with chumby industries, inc., should chumby industries, inc. notify you that any of your uses of its trademarks do not meet the requirements set forth in these guidelines or your written agreement with chumby industries, inc., you must correct all misuses of the marks within forty-five (45) days of notice from chumby industries, inc. Attempts at a cure or partial cures shall not serve to stay the running of the forty-five (45) day cure period unless such stay is first agreed to in writing by chumby industries, inc. If the misuse of the marks is not corrected within forty-five (45) days, your license to use the marks shall terminate at the end of that forty-five day period. In the event of termination of this Agreement for any reason, you agree to discontinue immediately all use of the marks and to promptly destroy or return to the place designated by chumby industries, inc. all materials that bear the marks.
H. Other Terms and Conditions
In the event of any breach of the terms and conditions set forth in these guidelines, the terms of use or your written agreement with chumby industries, inc., you agree that chumby industries, inc. shall be entitled to injunctive relief in addition to other available remedies.
II. Copyright Guidelines for Limited use of Copyrightable Materials
In addition to the Copyright Policy included in our terms of use, we provide these guidelines for limited use of our copyrightable materials from our website. Information distributed by chumby industries, inc., including all information contained on chumby industries, inc.'s Web site (www.chumby.com), is copyrighted and protected by worldwide copyright laws and treaty provisions.
chumby industries, inc. authorizes the use of information contained on chumby industries, inc.'s Web site (www.chumby.com) ("chumby Information") only as follows:
Personal, Non-Commercial Use: chumby Industries, Inc. authorizes you to view and download chumby Information only for personal, non-commercial use, subject to the following conditions: 1) you must retain, on all copies of the chumby Information, all copyright and other proprietary notices contained in such chumby Information; 2) you may not modify the chumby Information in any way, reproduce, publicly display, distribute, or otherwise use such chumby Information for any public or commercial purpose; 3) you must not transfer the chumby Information to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use, and 4) you must agree to abide by any additional restrictions displayed on the chumby Web site (www.chumby.com) as it may be updated from time to time.
Journalistic Purposes: chumby industries, inc. authorizes journalists to view, download, and distribute copies of chumby Information only for legitimate journalists purposes, subject to the following conditions: 1) you must retain, on all copies of the chumby Information, all copyright and other proprietary notices contained in such chumby Information or otherwise appropriately attribute ownership of chumby Information to chumby industries, inc.; 2) you may not modify the chumby Information in any way; 3) you may only reproduce, publicly display, distribute, or otherwise use such chumby Information in connection with a newspaper, magazine, broadcast, or Internet media outlet; 4) you must not transfer the chumby Information to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use, and 5) you must agree to abide by any additional restrictions displayed on the chumby Web site (www.chumby.com) as it may be updated from time to time.
Third Party Trademark Attributions
Other company, product, or service names mentioned in chumby industries' web site may be trademarks of their respective companies.
Updated: June 2008
