CLOUD STAR TRADEMARK USE GUIDELINES
1.THE CLOUD STAR TRADEMARKS
Cloud Star (“Cloud Star”) consistently manufactures and sells high quality pet treats, pet food, pet grooming products, apparel, and other products. Cloud Star or its principals own all trademarks used on this website (the “Trademarks”) unless otherwise specified.
Cloud Star or its principals reserve all rights in all trademarks, service marks, trade names, names, designs, logos, product and packaging trade dress, and other intellectual property they have established even though it may not be listed in these Trademark Use Guidelines. The Cloud Star Trademarks and the current notice legends include:
- Cloud Star®
- Dynamo Dog®
- Tricky Trainers®
- Wag More Bark Less®
- Just the Trick to Train Your Dog™
- Wag more, my friends™
2. TRADEMARK USE
Proper use of the Trademarks is important. You may only use the Trademarks to identify and refer to genuine Cloud Star products provided you accept and follow these Trademark Use Guidelines. These Guidelines provide you a limited permission to use the Trademarks only for the specified use, until such time as Cloud Star may terminate such permission, which Cloud Star may do at any time, in its sole discretion, as set forth under Section 4 below. The Trademarks are some of our most valuable assets and these Guidelines are intended to preserve the value of the Trademarks. The following rules will help you to use the Trademarks properly. Trademarks are adjectives—not nouns or verbs. A trademark is not a thing or a kind of thing. It is a brand for a thing.
Suggestions:
• Follow a Trademark by its generic name (Dynamo Dog® treats, Cloud Star® dog treats)
• Place a ™ or ® next to a Trademark (Wag More Bark Less® dog treats); use the ™ and ® notice for each Trademark as shown in Section 1 above
• Follow a Trademark with the word “brand” (Dynamo Dog® brand treats)
CORRECT: “Tricky Trainers® dog treats are yummy!”
INCORRECT: “Tricky Trainers® are fun.”
CORRECT: Wag More Bark Less® dog treats are all natural.
INCORRECT: Wag More Bark Less® is natural.
CORRECT: My dogs adore Wag More Bark Less® and Tricky Trainers® dog treats from Cloud Star®.
3. LIMITED PERMISSION
Provided that you are a bona fide retail seller or wholesale distributor of Cloud Star products and provided, further, that you comply at all times with these Trademark Guidelines, you have a limited, non-exclusive, non-transferable permission, under our intellectual property rights in and to the Trademarks, and only to the limited extent of our intellectual property rights in and to the Trademarks, to use the Trademarks to identify and refer to genuine Cloud Star products. Your permission to use the Trademarks is a limited permission and you may not use the Trademarks for any purpose except to identify and refer to genuine Cloud Star products. You may not transfer, assign or sublicense your limited permission to use the Trademarks to any other person or entity. Your use of the Trademarks must comply with: (i) the most up-to-date version these Guidelines; and (ii) any other terms, conditions or policies that we may issue from time to time to govern use of the Trademarks. Your limited permission to use the Trademarks under these Guidelines shall automatically terminate and you must immediately stop using the Trademarks if at any time: (i) the limited permission is terminated; or (ii) You no longer sell or distribute genuine Cloud Star products.
4. MODIFICATION AND TERMINATION
You understand and agree that, without prior notice to you and at our sole discretion: (i) we may modify these Trademark Guidelines at any time; (ii) we may modify or terminate your limited permission to use the Trademarks, at any time in our sole discretion, for any reason or for no reason at all; and (iii) we reserve the right to take any and all actions including, without limitation, legal proceedings, against any use of the Trademarks that does not comply with these Guidelines.
5. NO AFFILIATION OR ENDORSEMENT
You may not display the Trademarks in any manner that implies that you are related to, affiliated with, sponsored or endorsed by Cloud Star, or in a manner that could reasonably be interpreted to suggest that your business, web site, product or service represents Cloud Star’s views or opinions.
6. NO DISPARAGEMENT
You may only use the Trademarks in a manner designed to maintain the high standard, quality and reputation associated with the Trademarks and you may not use the Trademarks to disparage us or Cloud Star products.
7. NO DOMINANT DISPLAY; DIFFERENTIATION OF THE TRADEMARKS
You may not display any of the Trademarks as the largest or most prominent trademark or name in any materials (including, without limitation, any web site or product literature) associated with you or your business. When using any of the Trademarks you must distinguish the Trademarks from the name of your business and other names and products and/or other surrounding text by capitalizing the first letter of each of the Trademarks, capitalizing or italicizing the entire Trademark, placing the Trademarks in quotes, or using a different style or color of font for the Trademarks.
8. FORMATTING REQUIREMENTS WITH RESPECT TO IMAGES OF THE TRADEMARKS
If Cloud Star makes an image of any of the Trademarks or related designs or logos available you may not remove, distort or modify any design or logo element; provided however, you may transform the file format itself, for ease of use.
9. NO COMBINATION
You may not hyphenate, combine or abbreviate the Trademarks. You may not incorporate the Trademarks into the name of your organization, or your services, products, trademark, designs, or logos.
10. ATTRIBUTION
You must include the following statement in any materials that include the Trademarks: [Name each Trademark used in such materials] are trademarks of Cloud Star or its principals in the United States and/or other countries.” In addition, the Trademarks must be designated with the “®” or “™” notice as shown in Section 1 of these Guidelines.
11. NO MISLEADING USE
You may not display the Trademarks in any manner that is misleading, unfair, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable as determined by Cloud Star in its sole discretion.
12. IMITATION OF CLOUD STAR TRADE DRESS OR TRADEMARKS
You may not imitate the trade dress or “look and feel” of any Cloud Star web site or pages, including without limitation, the branding, color combinations, fonts, graphic designs, product icons or other elements associated with Cloud Star. You may not imitate or use the Trademarks in any of your advertising, product packaging, web sites, web pages, promotional, or other materials unless you fully comply with these Guidelines.
13. COMPLIANCE WITH LAW; APPROPRIATE ACTIVITIES
You may not use the Trademarks in any manner that violates any United States or foreign, federal, state, provincial, municipal, local or other, law or regulation. Without limiting the foregoing, you may not display any Trademark on your web site if your site contains or displays adult content or promotes illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age.
14. RESERVATION OF RIGHTS
Except for the limited permission specified in Section 3 above, nothing in these Guidelines grants or will be deemed to grant you any right, license, title or interest in or to any Trademark or any of Cloud Star’s principals other trademarks, service marks, trade names, logos, product names, service names, legends, other designations, or abbreviations of any of the foregoing. You acknowledge and agree that Cloud Star and its principals retain any and all intellectual property and other proprietary rights in and to the Trademarks. All use by you of the Trademarks including any goodwill associated therewith, shall inure to the benefit of Cloud Star and/or its principals.
15. NO CHALLENGES
You agree that you will not, at any time, challenge or encourage, assist or otherwise induce third parties to challenge the Trademarks (except to the extent such restriction is prohibited by law) or our registration thereof, nor will you attempt to register any trademarks, service marks, trade names, logos, product names, service names, legends, domain names, other designations, or abbreviations of any of the foregoing, or other distinctive brand features that are confusingly similar in any way (including, but not limited to, sound, appearance and spelling) to the Trademarks.
16. CONTACT INFORMATION
If you have any questions regarding these Guidelines, any of the Trademarks, or any notification of claimed intellectual property infringement, please contact us at: Cloud Star, P.O. Box 901, Chesterfield, MO 63006-0901, attention: Marketing Director, Telephone: (800)361-9079, , email: mail@cloudstar.com
