Effective Date: July 23, 2012
Welcome to the LogoSportswear Content Usage Policy. This Content Usage Policy sets forth the guidelines for use of content through the LogoSportswear Service. Users of the LogoSportswear
Service are responsible for making sure their content complies with this Content Usage Policy. If you believe a user is infringing upon your intellectual property rights please use the
process set forth in our Intellectual Property Rights Policy. If you would like to report something that you believe does not comply with this Content Usage Policy, please email
Questionable Material & Prohibited Content
All content being used in connection with the LogoSportswear Service will be graded using a White - Gray - Black scale. Content that is clearly acceptable to use will fall within the White Zone.
Content that is strictly prohibited will fall within the Black Zone. Content that is questionable will fall within the Gray Zone. Content that is deemed to be in the Gray Zone but closer to White
Zone may have a higher probability of not being removed from a user's shop, while content that is deemed to be in the Gray Zone but closer to the Black Zone may have a higher probability of being removed.
Below are some general types of content that are prohibited on LogoSportswear. LogoSportswear will determine, in its sole and absolute discretion, whether your content is in compliance with this Content Usage Policy (CUP). Any content that is determined to be in the Gray Zone may be subject to removal in accordance with the LogoSportswear Terms of Service and Share and Sell™ Service Agreement.
General Guidelines for Prohibited Content
The list outlined above should NOT be construed as an exhaustive list of offensive material but rather as a general guideline for you to follow.
You may not use any software to advertise, market or promote your LogoSportswear products and shops if the software does any of the following:
Any commercial email you send to market and promote your LogoSportswear shops or products, or related to your use of the LogoSportswear Service must comply with the CAN-SPAM Act of 2003 as amended and any other applicable laws governing email communications, including without limitation, the following:
For more information on compliance with the CAN-SPAM Act of 2003 please visit the Federal Trade Commission website at http://www.ftc.gov/spam/
URLs, Keywords, Search Terms, and other Identifiers
You may not use in your domain name or URL, nor may you purchase or register in any search, referral, or advertising service (such as Google's AdWords program) any of the following terms:
LogoSportswear Branding Bar
You may not remove or alter the LogoSportswear branding on your storefront and store pages.
False or Misleading Marketing Material
You may not use false or misleading content to market and promote your shops and products. Some examples of false and misleading information are:
Intellectual Property Information
This Intellectual Property information is provided to help you better understand Intellectual Property laws as they relate to your use of content through LogoSportswear. The information contained
on this page is for informative purposes only and should not be construed as legal advice. For specific advice regarding your use of content through LogoSportswear, please consult an attorney.
What is a Copyright?
Copyright protects original works of authorship, such as a picture, drawing, graphics, software program, written work, sculpture, song, or photograph. A copyright is created as soon as a work is fixed in a tangible medium (e.g., on paper, on video, on canvas, etc.). A copyright is a bundle of rights, including the exclusive right to distribute, sell, duplicate, publicly perform, and create derivative works from the original work. Copyright law prevents you from copying, distributing, selling, or publicly performing another's original work without permission. Copyright law also prevents you from creating derivative works based upon or derived from another's original work without permission. Copyright protects original expressions of ideas not the ideas themselves.
How long does copyright protection last?
As a general rule, for works created after Jan. 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works created prior to 1978, the term of a copyright depends on several factors, including whether it has been published, and, if so, the date of first publication. In general works created before 1922 are in the public domain. However, if a change has been made to a work taken from the public domain, the new work may be copyrightable and protected. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (Title 17 of the United States Code).
What material is in the public domain?
A work of authorship is in the "public domain" if it is no longer under copyright protection or if it failed to meet the requirements for copyright protection. Works in the public domain may be used freely without the permission of the former copyright owner. You should NOT presume that material is in the public domain without verifying it with an attorney or other reputable source. You should also NOT presume that material publicly available on private or commercial websites is not protected by copyright.
What is fair use?
"Fair use" is a principle of copyright law allows for the unauthorized use of another's original copyrighted work for the purposes of criticism, commentary, news reporting, teaching, scholarship, and research. In determining whether a given use is "fair," courts look at four primary factors:
Fair use is a difficult and murky concept, even for experts, so you should consult with an attorney before using copyrighted material in connection with the LogoSportswear Service, even if you think that such use is "fair." One way to evaluate whether a use is "fair" is to consider your own reaction if someone used your work without permission.
For more information on copyright visit the United States Copyright Office at http://www.copyright.gov and the federal law on copyrights (U.S.C. Title 17) http://www.access.gpo.gov/uscode/uscmain.html.
What is a Trademark?
A trademark is a word, name, symbol or other device that identifies the goods or services of a given person or company and distinguishes them from the goods or services of other persons or companies. Trademark law prevents you from using another's trademark (such as the name of a musical group or artist) on your merchandise, because such use will cause consumers to believe that the trademark owner has made, approved of, or endorsed your merchandise. In short, a trademark is someone's name/brand. For example, LogoSportswear.com® is a registered trademark.
What is a Service Mark?
Any word, name, symbol, or device or any combination thereof adopted and used by a merchant to identify and distinguish their services from those provided by others and to indicate the source of the services.
What can be trademarked?
Word(s), word(s) plus design, trade dress, packaging, sounds, slogans, smells, service marks, geographic marks, collective marks, certification marks, and family marks.
What is Trade Dress?
Trade dress can function as a trademark and is used to identify the goods of a party in the marketplace. For instance, trade dress can be the shape of a Coca Cola bottle or the shape of a classic Volkswagen Beetle car.
What are Trademark Rights?
An owner of a trademark/service mark has the right to use that trademark/service mark and to prevent others from benefiting from the trademark/service mark's good reputation and recognition in the marketplace.
What is the difference between a Trademark and a Registered Trademark?
The ® symbol represents that a trademark is registered with the U.S. Patent and Trademark Office. The ® symbol may only be used in association with a trademark that is registered with the U.S. Patent and Trademark Office. If the trademark/service mark is followed by a TM or SM symbol the goods/services provider is using the mark as a trademark, although the mark may not be registered with the U.S. Patent and Trademark Office.
For more information on Trademarks visit United States Patent and Trademark Office at http://www.uspto.gov and the federal law on trademarks (U.S.C. Title 15) http://www.access.gpo.gov/uscode/uscmain.html.
Right of Publicity
What is Right of Publicity?
The "right of publicity" makes it unlawful to use another's identity for commercial advantage without permission. A person's "identity" includes, for example, his look, voice, name, nickname, professional name, and other distinctive characteristics. For example, the Right of Publicity prohibits you using the picture of a celebrity without authorization on your merchandise.
Right of Privacy
What is the Right of Privacy?
Generally, individuals have a "right of privacy." An invasion of this right can occur in four ways:
What is defamation?
Defamation occurs when:
A false and damaging statement of fact; concerning an individual or entity; is communicated to a person or persons other than the individual or entity whom the false or damaging fact is about (i.e., published); and the person publishing such information knew or should have known it to be false.
In this circumstance, "published" means that such statement was written or verbally communicated to another. Written defamation is also known as "libel." Verbal defamation is also known as "slander."