Prove AI Trademark Policy and Guidelines

1. Introduction

This Trademark Policy and Guidelines (the “Policy”) outlines the rules for using the trademarks, including but not limited to service marks, trade names, logos, designs, icons, slogans, trade dress, and other source identifiers (“CasperLabs Trademarks”) relating to any products or services (“CasperLabs Products”), developed, distributed, sold, or marketed by CasperLabs Holdings AG (“CasperLabs”), including CasperLabs’ source code as distributed or made available in or through CasperLabs’ Github at https://github.com/CasperLabs.

This Policy attempts to balance two competing interests: CasperLabs’ need to ensure that the CasperLabs Trademarks remain reliable indicators of quality, source, and security; and CasperLabs’ desire to allow community members, users, software distributors, service providers, and others authorized parties to discuss the product and services, including software and source code, while accurately describing their affiliation with CasperLabs.

Unless otherwise explicitly stated in the relevant agreements, this Policy shall be applicable regardless of whether the underlying licenses are granted under commercial terms or under the CasperLabs’ Community License.

2. Commitment to Open-Source Principles

CasperLabs Products may be licensed and provided under free and open-source oriented terms, e.g., under its Community License, or under one or more licenses for commercial purposes, at CasperLabs’ discretion. In order for CasperLabs to maximize, encourage, and facilitate the use and development of CasperLabs Products, CasperLabs may license the use of CasperLabs Trademark to the community or other licensees. However, CasperLabs is duty-bound to do so in a way that preserves the CasperLabs Trademarks’ source-identifying properties, as well as their ability to apprise customers and users of the quality of its products and services.

This Policy intends to regulate the use of CasperLabs Trademarks in connection with and will be applicable to all licenses granted by CasperLabs. To request authorization to use the CasperLabs Trademarks in any way that deviates or otherwise is not included or described in this Policy, or to report any instance of infringement or dilution of CasperLabs’ intellectual property rights, including but not limited to CasperLabs Trademarks, please contact CasperLabs at the contact information below.

3. General Trademark Use

The guiding principle for the use of CasperLabs Trademarks is that every use must properly apprise any third party, and not be misleading, either directly or indirectly, by admission or omission, regarding the underlying product and CasperLabs as the source of that product. To this end, you may not, under applicable trademark laws and this Policy, use trademarks that would create a likelihood of confusion with other products, providers, or services. This include, for instance, the use of CasperLabs’ logo on your website in a way that suggests that your website is the official website of CasperLabs, or that CasperLabs endorses or sponsors your website, or is otherwise affiliated with you.

If unsure about how the use you are making of the CasperLabs Trademarks, refer to the above guiding principle.

4. Trademark Use Terms and Conditions

Consistent with the above principle, you may not, directly or through agents:

1. Use the CasperLabs Trademarks in connection with, or otherwise for the use or distribution of CasperLabs Products if you are not concurrently in compliance with any underlying or otherwise applicable license, including because of temporary non-compliance or suspensions of rights;
2. Apply for or otherwise attempt to register any trademarks associated, derived from, or otherwise confusingly similar with CasperLabs Trademarks;
3. Use, adopt, or otherwise incorporate, in whole or in part, the CasperLabs Trademarks as part of your own trademarks, including but not limited to service marks, domain names, company names, trade names, or product names;
4. Engage in any of the above while using trademarks that are confusingly similar to, obvious variation of, or any phonetic equivalent, foreign language equivalent, takeoff, or abbreviation of CasperLabs Trademarks, to designate:
   • Similar or compatible products, services, software, or source code, or any other known CasperLabs project, prototype, or other asset;
   • Domain names or email addresses of any kind;
   • Company names, trade names, DBAs, or other business names;
   • Social network site names, handles, or other social media or Internet-based identifiers (e.g., subreddits, Github subfolders, Facebook groups, Instagram pages, etc.); or
   • Ad-word or other keyword used to generate sponsored links.
5. Use the CasperLabs Trademarks in connection with products or services that combine CasperLabs Products with other source code (e.g., a single executable for both software programs);
6. Use CasperLabs Trademarks or confusingly similar designations in any manner, media, or format that is inaccurate, distasteful, obscene, explicit, vulgar, profane, offensive, libelous, slanderous, or disparaging of CasperLabs, its affiliates, subsidiaries, products, or services; or
7. Use the CasperLabs Trademarks or confusingly similar versions of the CasperLabs Trademarks in any manner, media, or format that otherwise violates any law or regulation.

5. Use and Placement of Trademark Legends

1. You may only use the CasperLabs Trademarks in conjunction with the proper legends and notice symbol. The trademarks’ legends should include the “®” symbol for registered trademark and the “™” symbol for unregistered trademarks. If unsure as to the applicable symbol, you may contact CasperLabs to verify that the current status of any CasperLabs Trademark. Legends and symbols must be in a readable size, but always smaller than the mark to which they attach.
2. Applicable legends and symbols must be attached immediately after the relative CasperLabs Trademark and must be replicated for each CasperLabs Trademark, regardless of the number of repetitions. If a word mark, the legend or symbol must be in a superscript at the upper right corner of the mark; If a logo, design, or other graphic designation, the legend or symbol must be immediately adjacent to the logo or design in either a superscript, at the upper right of the mark, or subscript, on the lower right of the mark.
3. You may not modify the legends and notice symbols attached to CasperLabs Trademarks as provided by CasperLabs. If you are using a word mark, use a trademark notice symbol on the most prominent use of the CasperLabs Mark. if there is not a single most prominent use, then use a trademark notice symbol on the first use of the CasperLabs Mark that appears.
4. You may only request trademark image files by contacting us at brandassets@casperlabs.io. All CasperLabs Trademarks made available here under are provided “as is” and CasperLabs disclaims any warranties and merchantability, fitness for a particular purpose, and/or non-infringement, as well as any other express or implied warranties with respect to CasperLabs Trademarks and content. CasperLabs will not be liable to you on any legal theory or otherwise for any damages arising out of this Policy or use of any CasperLabs Trademarks. Where a limitation of liability is not allowed in full or in part, this limitation may not apply.
5. You may not use any modified versions of CasperLabs Trademarks, except that you may use a different color or colors for the CasperLabs Trademarks and the relevant background, provided that:
   • The essential shape and character of CasperLabs Trademarks is preserved and does not infringe any third-party rights;
   • A minimum clear space exists between CasperLabs Trademarks and other elements; and
   • CasperLabs Trademarks are reasonably visible or readable, and scaled proportionally such that the trademarks’ proportions and image are not altered.
6. To the extent this Policy is incorporated by reference into a contract, including but not limited to a licensing agreement, the terms of this Policy will be interpreted consistent with that of such agreements and, if conflicting with such terms, the conflict will be resolved according to the specific agreement’s stipulations. In addition, compliance with this Policy will be a condition to your continue compliance with any such agreements. Failure to comply will result in a suspension or termination of the underlying rights.

6. Attribution Obligation

You must include the following notice in the any document, medium, or instance of use of the CasperLabs Trademarks. The notice must be presented in an easily readable typeface and should be placed at the end or bottom of any document (e.g., marketing materials), at the bottom of webpages, forum pages, or other Interned-based identifiers, at the bottom of any graphic materials (e.g., pictures, videos), and on the back or foot of product packaging.

“CASPERLABS and the “CL” logo are registered and/or unregistered trademarks of CasperLabs.”

7. Consistent Use

According to the general principle of this Policy, CasperLabs Trademarks must be used consistent with and exactly as used by CasperLabs. You may not vary, deviate from, or change the spelling, abbreviate the designations, add or delete punctuations or other matter, break or compound words, capitalize letters, or pluralize any word.

Following is a list of inconsistent uses:

• CASPERLABS ® (all capitalized)
• Casperlabs ® (“L” is not capitalized)
• casperlabs ® (all lowercase)

Please note that this list is not exhaustive and should not be interpreted as a complete or exclusive list of all uses of CasperLabs Trademarks that may be inconsistent or incorrect under this Policy.

8. Nominative Use Notice

If you are using the CasperLabs Trademarks without a license but the uses fall within the definition of fair use or nominative use, you must conspicuously show the following notice in readable print:

“[Your Name], its products, services, software, and source code are not sponsored, certified, endorsed or approved by, or affiliated with, CasperLabs, or their respective subsidiaries and affiliates.”

9. Quality and Compliance Assurance

In the event you use CasperLabs Trademarks under a license, CasperLabs may, at its sole discretion, from time to time, request to inspect or otherwise request any information reasonably determined by CasperLabs to be useful or necessary to determine the quality and compliance of your CasperLabs Trademarks use with this Policy. Upon such requests, you agree to respond to CasperLabs in a reasonably prompt manner and to provide any such materials as indicated by CasperLabs.

10. Trademark Uses Guidelines

1. Distribution of unmodified CasperLabs Products:

When you redistribute an unmodified copy of CasperLabs Products, you are not changing the quality or nature of it. Therefore, you may retain the CasperLabs Trademarks we have placed on the CasperLabs Products to identify your redistribution, regardless of the form or method of distribution. This kind of use only applies if you are redistributing official CasperLabs Products that have not been changed in any way.

2. Distribution of CasperLabs Products you compiled or modified:

You may only use the CasperLabs’ word marks, but not the logos or graphic designations, and solely for purposes of truthfully describing the origin of the software that you are providing, i.e., that the code you are distributing is a modified version of CasperLabs Products. For instance, you may indicate that “this software is derived from the CasperLabs ® source code.” In these cases, you can affix your own trademarks on the code version you compiled or modified, because you are the origin of that code version.

3. Statements regarding CasperLabs Product:

You may use CasperLabs Trademarks to truthfully describe the relationship between your code and CasperLabs, provided that the relationship is properly described. The following is a non-exhaustive list of acceptable uses:

1. [Your software, product or service] works with CasperLabs ®;
2. [Your software, product or service] uses CasperLabs ® Software;
3. [Your software, product or service] is compatible with CasperLabs ®; or
4. [Your software, product or service] is powered by CasperLabs ®.

11. Contact Information

If you have any questions regarding this Policy, would like to talk about trademark that are not addressed or described in the Policy, or would like to report any abuse, infringement, or dilution of CasperLabs’ intellectual property rights, please reach us at legal@casperlabs.io.

12. Updates to the Policy

CasperLabs reserves the right to modify this Policy at any time. Any such updates will come into effect and be applicable as soon as they are posted on CasperLabs website, or otherwise notified to you in writing. You should review this Policy from time to time to keep yourself apprised and aware of these updates.