Avalanche legal

Trademark Usage Policy

Trademark Usage Policy

Ava Labs, Inc.

Important Points: Please note these important points about this Trademark Usage Policy (this “Policy”):

  • Please read the entire document carefully as it contains important information about how you may and may not use trademarks and other intellectual property owned by Ava Labs, Inc. Please also read this Important Notice.

  • Ava Labs has designated specific trademarks that it owns as “Community Marks,” Which are marks that anyone can use in accordance with the Permissible Use guidelines set forth below. The Community Marks are AVAX® and AVALANCHE®.

  • All other marks may only be used with the express written permission of Ava Labs. Any usage of any Ava Labs Trademark in a manner that is inconsistent with this Policy is prohibited and may subject you to trademark infringement, unfair competition, or other legal claims or remedies.

  • None of the Ava Labs Trademarks may be used in any manner that states or implies endorsement by, affiliation with, or sponsorship by Ava Labs, Avalanche Foundation or any of their respective affiliates or personnel.

  • If you have any questions about this Policy please contact us at copyright@avalabs.org copyright@avalabs.org. We will respond as promptly as possible.

Introduction

This Policy identifies trademarks and other brand-related intellectual property rights (collectively, the “marks”) owned by Ava Labs, Inc. and its affiliates (referred to herein collectively as “Ava Labs”, “we,” or “our”) and provides guidance and rules relating to the use of such marks.

The Ava Labs Marks

A trademark is a type of intellectual property which may consist of a word, phrase, symbol, design, or a combination thereof, that identifies and distinguishes the source of goods or services of one party from those of others. For example, AVALANCHE® is a trademark owned by Ava Labs which is used to identify Ava Labs as the source of goods and services pertaining to the AVALANCHE® public blockchain and to distinguish Ava Labs’ goods and services from those offered by other parties. Trade dress is another type of intellectual property covering the total image and overall appearance that identifies and distinguishes the source of goods or services of one party from those of others. For example, trade dress includes the distinctive appearance of Ava Labs’ web pages, social media accounts, and other marketing materials.

A trade name is the name by which a company or organization is known. Ava Labs’ trade names are “Ava Labs” and “Ava Labs, Inc.”

Trademarks, servicemarks, trade dress and trade names of Ava Labs and its affiliates are collectively referred to herein as the “Ava Labs Marks.” Each of the Ava Labs Marks may be referred to singularly as an “Ava Labs Mark.” The Ava Labs Marks are valuable intellectual property assets of Ava Labs. Ava Labs retains all ownership and exclusive rights to use and control the Ava Labs Marks and takes appropriate measures to protect and preserve their strength and associated goodwill.

The Ava Labs Marks include, but are not limited to, those listed below. This list is not exhaustive and may be updated from time to time by Ava Labs.

  • AVAX®

  • AVALANCHE®

  • AVALANCHE BRIDGE™

  • AVALANCHE CREATES™

  • AVALANCE MULTIVERSE™

  • AVALANCHE RUSH™

  • A BRIDGET™

  • BOBO™

  • BONOBO™

  • BUILD WITHOUT LIMITS™

  • CORE COMMAND CENTER™

  • CORE EXPERIENCE™

  • CORE X™

  • CULTURE CATALYST™

  • ENCLAVE MARKETS™

  • HOOTENANNY™

  • MORE HOOT, LESS HYPE™

  • NFT RUSH™

  • OWL EXPLAINS™

  • BLIZZARD™

  • PROTECT YOUR ALPHA™

Ava Labs Community Marks

Ava Labs has designated specific Ava Labs Marks as “Ava Labs Community Marks” which are subject to the permitted use guidelines defined below:

The Ava Labs Community Marks include only the following, which are still Ava Labs Marks:

  • AVAX®

  • AVALANCHE®

Ava Labs considers the following to be permissible uses of the Ava Labs Community Marks only if done in connection with the AVALANCHE® public blockchain ecosystem (the “Permissible Uses”):

  1. To accurately indicate that your blockchain, distributed ledger, application, token, smart contract, virtual machine, subnet or similar, or a tool, plugin, library, server, or other software designed for use with or development of any of the foregoing, is built, developed and/or designed on or for the AVALANCHE® public blockchain. In these instances, you may indicate that such material is “powered by Avalanche®” or “built on Avalanche®” or other appropriate designation to show usage in connection with the Avalanche public blockchain.

  2. To accurately indicate that your website, online group, or blog is intended to promote the AVALANCHE® public blockchain.

  3. On an invitation or flyer promoting a meet-up, hackathon, or similar event that is intended to promote the AVALANCHE® public blockchain.

In addition, the following rules need to be followed:

  1. An Ava Labs Community Mark should not be used any more extensively than is reasonably necessary to accurately reference the AVALANCHE® public blockchain” or “AVAX® native token pursuant to the permissible uses set forth herein.

  2. The Ava Labs Community Mark must be used in its exact form, with the correct spelling, and never altered, abbreviated, hyphenated, pluralized, made possessive, or combined with any other word or words with as one word or with a hyphen.

  3. The Ava Labs Community Mark must be distinguished by capitalizing each word or by using all capital letters, followed by the appropriate trademark symbol. The following are acceptable forms: AVAX®, Avax®, AVALANCHE®, Avalanche®

  4. The Ava Labs Community Mark must always be used as an adjective modifying a noun (e.g., “AVALANCHE® public blockchain” or “AVAX® native token”).

  5. The Ava Labs Community Mark should not be used in any manner that suggests the trademark has a common, descriptive, or generic meaning.

  6. Each use must provide notice of Ava Labs’ ownership of the trademark(s) and disclaimer that clearly indicates that the trademark(s) is/are owned by Ava Labs. For example, the following notice is acceptable: The AVALANCHE® trademark is owned by Ava Labs, Inc. This [application, event, etc.] is not endorsed by, sponsored by, affiliated with or otherwise approved by Ava Labs, Inc.

Any uses of the Ava Labs Community Marks that do not comport with this Policy requires the prior written consent of Ava Labs (copyright@avalabs.org). If you are unsure if your intended use of an Ava Labs Community Mark is permissible, you should consult an attorney.

Ava Labs does not purport to grant any rights in any intellectual property owned by third parties. Ava Labs reserves the right, at any time in its sole discretion, to modify the designated Ava Labs Community Marks and to change or terminate this Policy. Any such change, update, or termination of this Policy will take effect immediately after its publication or our notification to you. Your use of any of the Ava Labs Community Marks after the publication of this Policy, or any updates thereto, or our notification to you, constitutes your acceptance of the then-current Policy. If this Policy is terminated, or if you do not agree with the Policy or any changes thereto, you must cease using the Ava Labs Community Marks immediately. It is your sole responsibility to check this Policy regularly.

In using the Ava Labs Community Marks in accordance with this Policy, you expressly acknowledge and agree that Ava Labs is the exclusive owner of the Ava Labs Marks, that you do not and will not acquire any rights in any Ava Labs Mark, and that any goodwill generated by your use of any Ava Labs Mark inures solely to the benefit of Ava Labs.

To the extent permitted by law, Ava Labs disclaims any express or implied warranty, including any warranty against non-infringement of third-party intellectual property rights, regarding your use of any Ava Labs Mark.

Your use of any of the Ava Labs Marks does not imply an endorsement of your business, organization, application, or service by Ava Labs nor does it constitute a partnership or any direct or indirect business relationship between you and Ava Labs.

Use of any Ava Labs Mark in a manner that is inconsistent with this Policy is prohibited and may subject you to trademark infringement, unfair competition, or other legal claims or remedies.

Use of the Ava Labs Marks

The following prohibitions must be strictly adhered to:

  1. Do not use any Ava Labs stylized logo, images, product icons, or other Ava Labs graphic symbols without Ava Labs’ express written permission. Subject to other 6 limitations discussed herein, this means that you may only reference an Ava Labs Trademark using text in the same font, size and style as surrounding text.

  2. Do not copy or imitate any trade dress used or owned by Ava Labs. For example, you may not copy or imitate the overall look and feel of any Ava Labs website or web page, social media, typography, or advertising or marketing materials.

  3. Do not use or display any Ava Labs Trademark in any manner that can be reasonably interpreted to suggest editorial content has been authored by or represents the views or opinions of Ava Labs or Ava Labs personnel.

  4. Do not incorporate any part of any Ava Labs Mark, or any colorable imitation thereof, into any domain name (including but not limited to any sub- or second-level domain), social media handle, application name or user name.

  5. Do not attempt to register any trademark, business name, or other designation containing or comprising, in whole or in part, any Ava Labs Trademark in any jurisdiction throughout the world.

  6. Do not use any Ava Labs Mark in any manner that violates any law or regulation, enables false or misleading advertising or sets forth any objectionable material. Such material may include, but is not limited to, any illegal, defamatory, scandalous, pornographic, or other material determined to be objectionable by Ava Labs in its sole discretion.

  7. Do not use any Ava Labs Mark to disparage Ava Labs or any third parties. Without discouraging legitimate opinion or commentary, Ava Labs reserves the right to prohibit use of any Ava Labs Mark that in Ava Labs’ sole judgement may diminish or damage Ava Lab’s reputation or the goodwill of the Ava Labs Mark.

  8. Do not use or display any Ava Labs Mark on merchandise.

Reservation of Rights

Ava Labs reserves the right to take any and all actions it may deem appropriate to protect, preserve and defend the Ava Labs Marks. Ava Labs hereby expressly preserves all such rights and waives none and nothing herein should be construed otherwise.

Contact Information

If you have any questions about this Policy or learn of any use or misuse of the Ava Labs Marks that might cause confusion in the marketplace or that is in violation of this Policy, please contact us at copyright@avalabs.org.