GameSalad Trademark Guidelines (or how not to get a Cease & Desist).

adent42

Due to some recent forum activity, I thought it would be good to go over some basic guidelines on how to use our name and logo. This is also a draft for a more official document, so sorry if it's a bit legalese-y:

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Here are some guidelines on the usage of the GameSalad trademarks (including the name GameSalad, GameSalad Creator and the GameSalad logo).

Except for references to GameSalad as permitted in these guidelines, GameSalad does not permit the use of the GameSalad trademark by companies other than GameSalad for software, hardware or other related products unless the company has obtained a prior written license from GameSalad to do so. (See our terms of service (http://gamesalad.com/terms))

Companies that are not GameSalad licensees but who claim to have technology that is compatible GameSalad products may claim, if true, that their products are "compatible with GameSalad". Such companies may not use the term "GameSalad files", "GameSalad projects", "GameSalad gameproj", or "GameSalad games".

The GameSalad trademark must never be used as a generic term for games or game projects or any kind of file format or content. You should only use it as an adjective to describe a GameSalad software product and never as a verb or noun.

For example a "GameSalad template" is incorrect, but a "template made for GameSalad Creator" is okay. The first phrase uses our trademark, while the second phrase is a descriptive statement of fact.

Another example, when marketing your game, usage of the phrase "This awesome game was made using GameSalad" is correct. The phrase "Another awesome GameSalad game" is incorrect. The latter could imply that the game was made by GameSalad and hence infringe on our trademark.

The GameSalad logo cannot be used in the advertising of the products of a company without obtaining a written license. In the case of the GameSalad logo, the existence of the logo in an illustrative context is acceptable but not if it’s used to directly advertise your products.

For example: if you take a screenshot of a computer screen with the GameSalad logo in the shot for the purposes of illustrating how to use a template in a tutorial, that is okay.

If you place the logo into a marketing image for your product, it is not.

For the purposes of these guidelines, free informational content that receives income from online advertising will be allowed to use GameSalad.

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Basically, the idea is that you can't imply that you are affiliated with GameSalad or are making money selling a "GameSalad product". If you are making products "using" or "for" GameSalad then that's probably okay. If you're not sure, just ask us!

Generally speaking, we send a personal note to take down trademark violations first. It's only if we don't see any change in a reasonable timeframe (say in a few weeks), that we send an official Cease and Desist (lawyers cost us money so we'd rather not take it that far if we can help it).

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Edit: Added a line at the bottom providing exceptions for free content that is ad supported.

Armelline

If you place the logo into a marketing image for your product, it is not.

Does this include free products offered, and/or free products offered on GSHelper?

What about when the product is an educational resource, freely available? It sounds from this like @The_Guru really did need to remove the logo from all his Youtube videos after all?

CodeWizard

@Armelline said:
What about when the product is an educational resource, freely available? It sounds from this like The_Guru really did need to remove the logo from all his Youtube videos after all?

Free educational resources that use our logo and branding materials are perfectly okay with us. No worries there.

GSHelper has full right to use our logo and branding materials due to our contractual relationship with them. So, no worries there either.

adent42

Usual disclaimers, this is not legal advice...

So technically he is correct to remove the logo from the youtube videos. Even though the product is free, he would be "trading" with the name GameSalad (he could, in theory, make money of the videos and it could be argued that he's promoting himself with the videos).

On the other hand, GameSalad would be unlikely to go after him as he's not practically deriving commercial benefit from these videos. And as @CodeWizard has stated, GameSalad is okay with free educational videos. If he were to start charging for his content or if he started teach classes and referenced his videos, it might be a different story.

As per our guidelines something like:
"Making games using GameSalad!" would be okay
but "A GameSalad Tutorial" would not.

Armelline

Okay, so long as it's being enforced using common sense and not just blanket, rigid policies, I see no problem.

So my "Armelline's GameSalad Tips" series is okay as long as I don't monetise it, at which point I'd need to change the name to "Armelline's Tips for Using GameSalad" or something? Longwinded, but understandable I guess.

Socks

Damn, spent nearly 3 months working on this . . . .

The_Gamesalad_Guru

Since I have ads on my videos I was correct all along. I knew I was in violation which is why I changed my name and took down my videos. I'm done making videos. The free ride is over sorry all.

The_Gamesalad_Guru

The old saying is just becuase you are paranoid doesn't mean the aren't out to get you..lmao I told you I come from a shark background. I also want an apology from code wizard as he said in public I was being silly for changing my name, yet by the law I was in violation.

adent42

@The_Guru to specifically address your ad comment, we're going to update the policy to reflect that free content that makes money from ads is acceptable.

CodeWizard

@The_Guru Your forum name and GameSalad community identity being "The GameSalad Guru" most certainly isn't a violation or misuse of our trademark in my reckoning.

We'll get the guidelines adjusted accordingly as we work through those various details.

Armelline

@Socks said:
Damn, spent nearly 3 months working on this . . . .

Wait, they've militarised?

The_Gamesalad_Guru

@CodeWizard said:
The_Guru Your forum name and GameSalad community identity being "The GameSalad Guru" most certainly isn't a violation or misuse of our trademark in my reckoning.

We'll get the guidelines adjusted accordingly as we work through those various details

Yes and you insulted me in public and called me silly when I am in violation. Just because today you say by your kindess I am not but legally I am. If i cross some unknown line to sell a template et..i may then be in violation. I'm not going to walk around on egg shells. If I do decide to make videos again I will make them to legal standards which allows me the freedom to do as i please.

CodeWizard

@The_Guru ... you're still being silly by changing your name because there's no way in hell we'd go after someone for just that. Unless you built a business claiming to be GameSalad's guru. But you're not. So it's not an issue.

CodeWizard

@Socks said:
Damn, spent nearly 3 months working on this . . . .

Nice art! I noticed the misuse of our copyrighted spider graphic though. Please don't do that.

The_Gamesalad_Guru

@CodeWizard said:
The_Guru ... you're still being silly by changing your name because there's no way in hell we'd go after someone for just that. Unless you built a business claiming to be GameSalad's guru. But you're not. So it's not an issue.

That's my point it does limit anything I do in the future. I'd rather build a brand with options for down the road. Maybe I am silly so be it. i can live with that.

CodeWizard

@The_Guru said:
That's my point it does limit anything I do in the future. I'd rather build a brand with options for down the road. Maybe I am silly so be it. i can live with that.

If you're looking to build a commercial brand then, yeah, avoid relying on anyone's trademarks but your own. If that's your goal then you're not silly at all.

The_Gamesalad_Guru

Finally some common sense. I may I may not but I like to have options. But at this point it really isn't worth it...

The_Gamesalad_Guru

@CodeWizard and I have come to gentlemanly terms to see we are both protected in writing. Gamesalad has agreed to put an agreement in writing so I can continue,legally, to do what I do for the community and still leave me future options. This was never personal. This was about having the security of a proper legal agreement to protect us both down the road. One never knows what life may present in the future and I desired to keep that option open. This agreement will also include the ability for me to have the forum name "The Gamesalad Guru." I am thankful to codewizard we could complete this in a stricky business like manner.

jonmulcahy

@The_Guru said:
CodeWizard and I have come to gentlemanly terms to see we are both protected in writing. Gamesalad has agreed to put an agreement in writing so I can continue,legally, to do what I do for the community and still leave me future options. This was never personal. This was about having the security of a proper legal agreement to protect us both down the road. One never knows what life may present in the future and I desired to keep that option open. This agreement will also include the ability for me to have the forum name "The Gamesalad Guru." I am thankful to codewizard we could complete this in a stricky business like manner.

good to hear

Socks

...

(test)

Armelline

Think this got missed:

@Armelline said:
So my "Armelline's GameSalad Tips" series is okay as long as I don't monetise it, at which point I'd need to change the name to "Armelline's Tips for Using GameSalad" or something? Longwinded, but understandable I guess.

Socks

@Armelline said:
Wait, they've militarised?

Lol, It was actually meant to read "official" rather than "officer", but I like the idea of militarised spiders, so I will leave him as Officer Tony The Spider.

Socks

@CodeWizard said:
Nice art! I noticed the misuse of our copyrighted spider graphic though. Please don't do that.

Tony is owned by no one, he is a free spirit, you can't copyright Tony, he's uncopyrightable, people have tried, but most end up walking away.

Armelline

@Socks said:
Lol, It was actually meant to read "official" rather than "officer", but I like the idea of militarised spiders, so I will leave him as Officer Tony The Spider.

Officer wouldn't necessarily mean military, but you called him "officier" which does

Socks

@Armelline said:
Officer wouldn't necessarily mean military, but you called him "officier" which does

I haven't got a clue what's going on any more, I thought this thread was about integers or eggs or something ?

Armelline

@Socks said:
I haven't got a clue what's going on any more, I thought this thread was about integers or eggs or something ?

Humpty Dumpty sat on a wall,
Humpty Dumpty had a great fall;
All the king's horses and all the king's men
Couldn't put Humpty together again.

And there's your link. Some say it was the military who encouraged Humpty off the wall, too.

The_Gamesalad_Guru

@Armelline said:
And there's your link. Some say it was the military who encouraged Humpty off the wall, too.

I think It was suicid.

adent42

@Armelline you are correct. Though if ends up being too much work to change the title, you could always just ask us for a license / permission to use your current mark.

dgackey

@FINNBOGG I moved it to an entirely different forum. Please try now.

CaptFinn

works..
I just wanted to say............. Technically there is no proof that humpty was a egg.

dgackey

wonderful.