Intelectual Property Usage
Trademarks, Service Marks, Logos, Copyrights and Domains Frequently Asked Questions
All of the Triathlon Inspires trademark, service mark and logo are a part of Triathlon Inspires Intellectual Property assets (“IP Assets”) and are protected by applicable trademark, copyright or other IP laws. If you are a Sponsor or Licensee of Triathlon Inspires that is contractually entitled to use our trademark, service mark or logo (the “Marks”), please follow the specific usage guidelines provided as a part of your sponsorship or license agreement. If you have questions regarding your use as is outlined in your specific agreement, please contact us. If you are not a Sponsor or Licensee of Triathlon Inspires that is contractually entitled to use the Mark, please be advised that Triathlon Inspires normally does not grant third party use of its Mark. After you have carefully reviewed this entire document and feel that extraordinary special circumstances may apply to your request, please contact us at [email protected] Permissions are granted solely at the discretion of Triathlon Inspires as owner of the Mark.
Copyrights make up a portion of Triathlon Inspires’ IP Assets in the form of film footage, photographs, publications, graphic designs and more (the “Copyrights”). Unauthorized use of Triathlon Inspires’ Copyrights is not allowed. Anyone who violates the exclusive rights of Triathlon Inspires’ Copyrights may be subject to damages, costs and attorneys fees pursuant to 17 USC §501. If you have questions regarding copyrights in general, you may find informational brochures and circulars at the U.S. Copyright Office website at www.copyright.gov/pubs.html. If you are not a Sponsor or Licensee of Triathlon Inspires that is contractually entitled to use Triathlon Inspires’ Copyrights and feel that extraordinary special circumstances may apply to justify permission to use certain Triathlon Inspires Copyrights, please contact us at [email protected] Permissions are granted solely at the discretion of Triathlon Inspires as owner of the Copyrights.
Domain registration is also an integral part of Triathlon Inspires’ IP Assets. Whether you are a Sponsor or Licensee of a Mark, registering a domain containing Triathlon Inspires’ identical Mark or a confusingly similar mark is strictly prohibited. If you are a Sponsor or Licensee of Triathlon Inspires that is contractually entitled to use Triathlon Inspires’ IP Assets and require a domain to be registered in order to fulfill your contractual obligations, please discuss this with your Triathlon Inspires Account Manager and appropriate arrangements may be made. If contractually obligated, Triathlon Inspires will register the domain and provide it to you for use during the term of your contract. If you are not a Sponsor or Licensee of Triathlon Inspires that is contractually entitled to use Triathlon Inspires’ IP Assets, please be aware that Triathlon Inspires closely monitors domains registered on a global basis that contain Triathlon Inspires’ Marks. Triathlon Inspires takes all appropriate and necessary actions to either see that domain registrations containing our Marks are transferred to Triathlon Inspires or, in the case of uncooperative parties, legal action is taken. In some instances, resolutions over these disputes are sometimes sought through Uniform Dispute Resolution Policy (“UDRP”) actions. The UDRP was, in part, designed to allow trademark and service mark holders to arbitrate certain claims against a domain name registrant before a dispute resolution provider. The Anticybersquatting Consumer Protection Act (“ACPA”) passed by Congress on November 29, 1999, is a federal law designed to combat the registration and trafficking of internet domains with the bad-faith intent to benefit from another’s trademark. The ACPA provides guidelines and procedures including remedies for violations which are afforded under the Lanham Act to include actual and statutory damages. Adding a generic word to a known trademark in an attempt to register a domain may still be considered cybersquatting or infringement. (i.e. www.triathloninspireswatches.com) To avoid issues involving a UDRP action or a violation of the ACPA and potential damage awards, please refrain from registering domains containing Triathlon Inspires’ identical Mark or a confusingly similar mark.
Miscellaneous Frequently Asked Questions
1. If I do not have a sponsorship or license agreement, am I allowed to freely use Triathlon Inspires’ Marks or Copyrights? No. All use must either be licensed or authorized under extraordinary special circumstances, which may/may not be granted at Triathlon Inspires’ discretion.
2. As a competitor in triathlon event, am I allowed to design and have shirts, hats or other apparel items made specific for my “team” to wear in support of my competition? No. We are currently in the process of making available for order and sale, personalized Triathlon Inspires shirts for this purpose. These personalized shirts will be sold through the official merchandise website in a near future so please keep checking online for status updates regarding an availability date.
3. If I am going to register an internet domain, can I use Triathlon Inspires together in the name? No. Using any Triathlon Inspires Mark, in whole (or a confusingly similar trademark), may lead to legal actions or infringement/cybersquatting claims.
4. I want to start my own company and use Triathlon Inspires, Triathlon Inspiration, Triathlon the Inspiration, or similar names. No. You may not use or register, in whole or in part, a Triathlon Inspires Mark, corporate name (or the like) that contains the whole Triathlon Inspires’s name.