Computational Dynamics Limited (“CD”) located in the United Kingdom, and Analysis & Design Application Co. Ltd. (“adapco”) located in the United States, and their subsidiaries (collectively, “CD-adapco”) develop and globally market computer aided engineering software, technologies and services. Given the nature of our business, intellectual property is our most important asset and we aggressively protect it. CD-adapco has developed these Guidelines for the proper use of our valuable trademarks and service marks (collectively, “CD-adapco Trademarks”). These Trademark Usage Guidelines apply to CD-adapco personnel as well as to third parties including, without limitation, channel partners, customers, writers and publishers.
1. Referential Use Only. Third parties may use CD-adapco Trademarks (word marks only, not logos) solely to reference CD-adapco name and its software, technologies and services. Referential use is prohibited if such use would defame or disparage CD-adapco, its products or services, or any other person or entity.
2. Referential Use Must Be Accurate. Third party use of CD-adapco Trademarks must accurately portray the relationship between CD-adapco and the third party (e.g., it should not imply sponsorship, affiliation or endorsement of another company or its products, unless otherwise agreed upon by CD-adapco) and must not create confusion about who owns the CD-adapco Trademarks.
Incorrect: Developments in CD-adapco™ Software Conference
Correct: ABC Distributor’s Conference on developments in CD-adapco™ Software
3. Only CD-adapco Has Rights In Its Trademarks. Third parties must not seek, or suggest that they have, any rights in any CD-adapco Trademarks. Further, third parties should not market products or services using CD-adapco Trademarks or trademarks that are confusingly similar. For instance, an engineering simulation software development company should not market its product as “SEE-D dapco” or “SPEEDY”, etc”.
4. CD-adapco Logos Cannot Be Used Without Written Permission. Do not use any CD-adapco logos unless you have a specific written agreement with CD-adapco allowing you to do so. To be clear, this means that you cannot cut logos from the CD-adapco website and use them in your materials – even in materials only intended for internal or personal use – if you do not have a written agreement. To obtain permission, contact the CD-adapco Marketing Department using the contact information for CD-adapco corporate headquarters at www.cd-adapco.com.
5. Mark The CD-adapco Trademarks Appropriately. Use the appropriate superscript legal symbol – ® or ™ - as set forth on the current CD-adapco Trademarks List when a CD-adapco Trademark first appears in each independent text. For instance, in a magazine, the appropriate legal symbol should be used with the first mention of the trademark in each article. Similarly, on a website, the first use on each web page should be marked. It is not necessary to place the legal symbol in headlines and titles if it greatly disrupts the appearance of an article, so long as the first use in text is appropriately marked.
6. Use a Trademark Legend. Documents referencing CD-adapco Trademarks should contain a trademark legend which is typically listed along with other legal information at the bottom of a webpage, at the end of a document, or on the copyright page of a book. The CD-adapco standard trademark legend is:
and any and all CD-adapco brand, product, service and feature names, logos and slogans are registered trademarks or trademarks of CD-adapco in the United States or other countries. All other brand, product, service and feature names or trademarks are the property of their respective owners.
7. Do Not Alter The CD-adapco Trademarks. Use the CD-adapco Trademark exactly as it is written in the current CD-adapco Trademarks List (e.g., do not use different capitalization, shorten the mark, or create acronyms).
Incorrect: CD-adapco™ star-ccm+™
Correct: CD-adapco™ STAR-CCM+®
Incorrect: CD-adapco™ SPD™ (abbrevi)
Correct: CD-adapco™ SPEED™
Incorrect: CD-adapco™ SCD ™ (acronym)
Correct: CD-adapco™ STAR-CD®
8. Use CD-adapco Trademarks As Modifiers. A trademark should modify another word. Use CD-adapco Trademarks to limit or qualify the meaning of another word or word group. Do not use a CD-adapco Trademark as a noun or a verb or verb form.
Incorrect: CD-adapco™ STAR-CCM+® has an array of features . . .
Correct: CD-adapco™ STAR-CCM+® software has an array of features . . .
Incorrect: The engineering staff at ABC Company es-aftertreated™ the . . .
Correct: The engineering staff at ABC Company relied on CD-adapco™ es-aftertreatment™ software to. . .. . .
Incorrect: CD-adapco™ es-ice™ allows the user to . . .
Correct: CD-adapco™ es-ice™ technology allows the user to . . .
Incorrect: CD-adapco® STAR-CD’s® array of features . . .
Correct: CD-adapco™ STAR-CD® software has an array of features . . .
9. Using CD-adapco As A Trade Name. When referring to the company CD-adapco or one of its subsidiaries, you are using CD-adapco or the subsidiary name as a trade name, not a trademark. Trade names may be used as nouns or in the possessive form and no trademark legal symbol should be used.
Incorrect: CD-adapco™ is headquartered in Melville, New York.
Correct: CD-adapco is headquartered in Melville, New York.
Incorrect: Analysis & Design Application Co. Ltd.™ is a US entity.
Correct: Analysis & Design Application Co. Ltd. is a US entity.
10. Do Not Incorporate Into Third-Party Names. Do not incorporate CD-adapco Trademarks into third-party product names or logos unless you have specific written agreement with CD-adapco allowing you to do so. However, if true, you may state that your product or service is “for use with”, “for”, or “compatible with” CD-adapco’s products and services.
Incorrect: ABC High performance CD-adapco™ compute platform
Correct: ABC High performance compute platform for CD-adapco™ software products
11. Do not Incorporate Into Second Level Domain Names. Do not incorporate any CD-adapco Trademarks into your second level domain name or register such a domain name unless you have a specific written agreement with CD-adapco allowing you to do so. In accordance with the foregoing, see the following example in the case of a channel partner named “XYZ Corporation” which distributes CD-adapco products.
12. Use Of Trademark In Title Of Third Party Publications. The use of a CD-adapco Trademark in the title of a publication may be appropriate under certain circumstances. However, these Guidelines must be followed and the publisher must place a conspicuous disclaimer on the copyright page of the publication stating that it is not endorsed or sponsored by CD-adapco.
13. Third Party Name And Logo Most Prominent. In any third party materials, the company name, logo and trademarks of the third party should be the most prominent in appearance as compared to CD-adapco Trademarks.
14. Trade Dress. Do not mimic CD-adapco trade dress. Trade dress is how CD-adapco’s products and packaging look, including their distinctive graphics, icons and color combinations (e.g., the appearance of the GUI, the design of the CD-adapco website).
15. Suspected Infringement. If you suspect that CD-adapco Trademarks, trade dress or other intellectual property such as copyrighted material are being infringed, or if you believe CD-adapco is infringing on another’s intellectual property, please contact the CD-adapco Legal Department either via mail at CD-adapco, Legal Department, 60 Broadhollow Road, Melville, NY 11747, USA, or via e-mail at: firstname.lastname@example.org.
16. Additional Information. No licenses or rights are granted by these Trademark Usage Guidelines, except those expressly set forth herein. These Trademark Usage Guidelines are not intended to be a definitive or comprehensive list of the proper usage of CD-adapco Trademarks. Without limiting any right or relief to which CD-adapco may be entitled by law or in equity, CD-adapco reserves the right to (i) require a third party to submit its proposed use of a CD-adapco Trademark for CD-adapco approval prior to such use, (ii) object to any use of its trademarks, and (iii) revoke use of its trademarks by any third party. CD-adapco reserves the right to modify these Trademark Usage Guidelines from time to time without notice. If you have questions about these Trademark Usage Guidelines, please contact the CD-adapco Legal Department either via mail at CD-adapco, Legal Department, 60 Broadhollow Road, Melville, NY 11747, USA, or via e-mail at: email@example.com.