Effective Date: August 3, 2018
Storytellers are creators, builders and visionaries. Often, people create by standing on the shoulders of those who came before them. Here at The Skrive, people are free to reference, review or promote brands, companies, movements or products. Whether it's a whisper or a wail, it's okay to mention Trademarked goods or services. However, The Skrive discourages and prohibits people from using others' trademarks in a way that may mislead people.
According to dictionary.com, a trademark is a symbol, word, or words legally registered or established by use as representing a company or product. Unlike patents and copyrights, trademarks do not expire after a set term. Trademarks are defined by their "use." (Think the McDonald's "M" or Coca-Cola.) Trademarks identify a source of specified materials or services and exist to prevent consumer confusion. Just because something is trademarked, this does do not stop people from discussing the trademarked brand, company, product or services. (Freedom of speech is great, isn't it?)
If a Person is Using Your Trademarks Without Permission
Contact us at email@example.com. We will investigate and take appropriate action. These actions may include temporarily or permanently removing content.
Please send the following information to firstname.lastname@example.org.
- Your contact information including name, mailing address, email address and phone number
- The name of your trademark brand, services or products and category of goods or services in which your trademark exists
- Specify if you are the trademark rights holder - if not, describe your relationship to the rights holder
- A link to the content on The Skrive where the infringement occurs
- A short description on how the content creates confusion.
- The preferred action for The Skrive to complete
- A statement of good faith belief that use of the trademark is not authorized by the trademark owner
- A statement that you have completed a reasoned analysis that the use of the trademark is not fair use
- A statement that the information that you provided is complete and accurate and does not fail to contain anything needed to make the information you provided not misleading to us
Will The Skrive Remove Content Which Uses Others' Trademarks?
It depends. The Skrive will consider if, for instance, the trademark falls under "nominative fair use", which allows a person to use a trademark of another as a reference to describe that product or compare it to their own. Other examples of "fair use" may also apply.
Want to learn more? Visit the U.S. Copyright Office Fair Use Index site.
Of course, The Skrive cannot police every post, so even if use of a trademark does not fall under "fair use", we cannot remove content which misuses others' trademarks if we are not informed about it. We encourage you to report any content to us that you feel may violate others' rights, including their intellectual property rights. Contact us at email@example.com
By joining or posting to The Skrive, you agree to be bound by this Trademark Policy, as it may be amended, supplemented, replaced or extended from time to time. Remember, we're still learning, just like you.
This Trademark Policy may be amended, supplemented, replaced or extended at any time, for any reason, in whole or in part, with or without notice.
Questions? Let us know at firstname.lastname@example.org.