legal guidelines

TRADEMARK GUIDELINES

ZENCOLOR™ trademarks are intellectual property and are among our most valuable assets. In order to preserve and protect both our brand and our intellectual property, it is essential that our trademarks are used properly. Please follow these Guidelines, as well as our ZCC Marking and Usage Rules, to properly display or use zenColor trademarks in all communications, documents, and electronic messages.

These Guidelines apply to zenColor employees, customers, partners, licensees, outside vendors, and other third parties. If you are a Licensee of any zenColor trademark or logo, your License Agreement may have particular usage guidelines different than provided here. If so, please follow the specific guidelines in your License Agreement. If you are a Licensee but have not been provided with special guidelines for usage of the zenColor trademarks, then these Guidelines apply to your usage of zenColor trademarks.

You may reference zenColor products and services using the zenColor trademarks, so long as such references are: (1) truthful, fair, and not misleading, and (2) comply with these Guidelines, which may be modified from time to time by zenColor in its sole discretion. The zenColor trademarks should never be used in a way that could cause anyone wrongly to believe that your products or services are offered, endorsed, or sponsored by zenColor or any of its subsidiaries.

TRADEMARK NOTICES
Properly designate the status of zenColor trademarks by using the correct trademark symbol (® or ™) reflecting zenColor ownership of particular marks as set forth below. Also include an attribution of zenColor ownership in the following format:

“_______ is a trademark of zenColor — all rights reserved.”

In letters, memos, press releases, white papers, advertising, video, and other multimedia presentation properly designate (with ® or ™) all of the zenColor trademarks at the most prominent use (usually a headline) and again on the first occurrence in copy; and in the case of presentation graphics, trademarks should be designated with the proper trademark symbol on each page, slide, and foil. In newsletters, magazines, and publications containing multiple articles properly designate (with ® or ™) all of the zenColor trademarks on the first occurrence in the document, in headlines and on the first occurrence in every article in which they are used. In brochures, annual/quarterly reports, books, technical documentation, and other bound documents properly designate (with ® or ™) all of the zenColor trademarks on the first occurrence in the document, in headlines, and on the first occurrence in text. In all charts or graphs, properly designate trademarks (with ® or ™). On all packaging, always use the trademark symbol in every reference.

TRADEMARKS ARE SINGULAR ADJECTIVES, NOT VERBS, AND SHOULD NOT BE MADE POSSESSIVE

Use the zenColor trademarks only as adjectives followed by the appropriate generic product or service noun describing the relevant product or service (e.g., “the zenColor™ digital cross-referencing platform makes my life easy!”). zenColor trademarks should not be used in plural or possessive form or as verbs.

REFERENCES TO ZENCOLOR COMPANY, LLC

When zenColor is used to refer to our company, zenColor, rather than as a brand of product or services, then the rules for proper usage change slightly. Unlike trademarks, company names are proper nouns; they can be used in the possessive form and do not need to be followed by a generic term. Neither the ™ nor ® symbol should accompany references to zenColor as a company.

OWNERSHIP

Do not assert rights over any zenColor trademark whether by incorporating a zenColor trademark into your own product or service names, trademarks, logos, company names, or domain names or seeking a trademark or domain name registration for any term that includes a zenColor trademark.

LOGO USAGE

Do not make unlicensed use of zenColor logos, such as the logos listed below. Third party use of zenColor logos requires a license or written permission from zenColor. If you are interested in obtaining a license to use a zenColor trademark or logo, please CONTACT US to discuss your proposed use.

ZENCOLOR STYLE GUIDE

When using the zenColor trademarks: (i) follow the style and usage guidelines available in our Style Guide; (ii) use our Logos exactly as they appear and do not alter or distort their appearance in any way, for example, by adding your own design elements or changing the font, colors, or size; (iii) allow for clear space around our Logo; and (iv) maintain the legibility of our Logos and keep them sharp, clear, and well-produced. When using our Word Marks, you may not change their appearance by abbreviating them, incorporating them into acronyms, changing their spelling, using them in parts, or using improper capitalization.

NO TRADEMARK BIDDING IS ALLOWED

Unless expressly permitted in an agreement between you and zenColor, you may not bid on a zenColor trademark (or any variant or extension thereof) as a keyword on any search engine.

NO DISPARAGEMENT

You may not use a zenColor trademark in a disparaging or degrading manner.

ZENCOLOR LOGOS

The following is an illustrative, non-exhaustive list of logos and trademarks owned by zenColor. Because this list of logos and trademarks and their status could change over time, including as we add new products and services, please review this section in these Guidelines periodically. Please note that the absence of a product or service name or logo from the list below does not constitute a waiver of zenColor trademark or other intellectual property rights in that name or logo.

TRADEMARKS AND SERVICE MARKS

The trademarks, logos and service marks (Marks) displayed in the zenColor designPro application are the property of zenColor Corporation. Users are strictly prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the World Wide Web without the written permission of zenColor Corporation. All information and content in this software application (Content) is protected by copyright, trademark, and patent. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available in the zenColor designPro application for commercial or public purposes.

The following are trademarks and service marks of zenColor Corporation, its subsidiaries and/or affiliates that may appear in this software application. This is not a comprehensive list.

ZENCOLOR®, ZENCOLORCODE®, ZENCOLOR BRUSHSTROKE ICON®, ZCANALYTICS® HUE AND HARMONY® and other zenColor trademarks and copyrights are the property of zenColor Corporation in the United States and/or other countries.

PATENTS

The following are U.S. patents that zenColor Corporation, its subsidiaries or/or affiliates own or hold a license to, which relate to products or services. This is not a comprehensive list.

US 9,348,844
US 8,600,153
US 9,047,633
US 9,087,357
US 9,436,704
US 9,607,404

PATENT INFRINGEMENT

Both infringement notifications and counter notifications should be submitted to our legal department using the following information:

zenColor Company, LLC
Attention: IM LAW
Subject Line: Patent Infringement Notification
Email: aim@imiplaw.com
Address: 2146 Orchard Mist Street, Las Vegas, NV 89135
Telephone: +1 (888) 415-3481

COPYRIGHT INFRINGEMENT NOTICE & TAKEOVER POLICY

NOTIFICATION OF INFRINGEMENT

zenColor (hereafter, “zenColor”) abides by the federal Digital Millennium Copyright Act (DMCA) and similar regulations in other jurisdictions by responding to written notifications of alleged infringement by legitimate copyright holders. As part of our response, we may remove or disable access to allegedly infringing material residing on our websites and within the Service. Please note that zenColor does not control content hosted on any third party website, and cannot remove content from any website it does not own or control.

To submit a copyright infringement notification to zenColor, send a written communication to our Copyright Agent, as required by the DMCA, and provide the following information in writing:

  • Identification of the copyrighted work that you claim has been infringed;
  • Identification of the specific material that is claimed as infringing and information sufficient to permit zenColor to locate that material on our websites or within the Service (providing a URL is the best way to help us locate the content quickly);
  • A statement that you believe, in good faith, that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or by law;
  • If you are not the copyright owner, a description of your relationship to the copyright owner;
  • Your contact information, including your name, address, telephone number, and email address;
  • A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner; and
  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner.

Please note that under Section 512(f) of the DMCA and similar regulations in other jurisdictions, anyone who knowingly misrepresents that material or activity is infringing may be liable for damages and attorneys’ fees incurred by the alleged infringer or by zenColor. Therefore, if you are not sure whether material infringes your copyright, you should first consider contacting an attorney.

RESPONSE TO NOTIFICATIONS

Following receipt of a proper written notification, zenColor will expeditiously remove or disable the allegedly infringing content. We will also notify the customer who submitted or posted the allegedly infringing material, and provide them with a copy of the copyright infringement notification. We may suspend or terminate access to the Service of customers that repeatedly or egregiously infringe the copyrights of others.

COUNTER NOTIFICATIONS

If a customer of the Service believes that their content was removed or disabled by mistake or misidentification, the customer can send us a written counter notification that includes the following:

  • The customer’s contact information, including name, address, email address, and telephone number;
  • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled;
  • A statement that the customer consents to the jurisdiction of the U.S. Federal District Court for the judicial district in which the customer is located (or if the customer is outside the U.S., the U.S. Federal District Court for the District of South Florida located in Miami, FL), and that you will accept service of process from the person who originally provided zenColor with the notification of infringement;
  • A statement under penalty of perjury that the customer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • A physical or electronic signature of the customer;

Please note that under Section 512(f) of the DMCA and similar regulations in other jurisdictions, any person who knowingly misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

zenColor will only accept counter notifications that meet the requirements set forth above and are properly submitted to our Copyright Agent. Upon receipt of a proper written counter notification, zenColor will provide the person that submitted the infringement notification with a copy of the counter notification, and will, on or after 10 business days following receipt of the counter notification, restore the removed material to the Service unless our Copyright Agent first receives notice that a court action has been filed to restrain the customer from engaging in infringement related to the allegedly infringing material.

COPYRIGHT AGENT INFORMATION

Both infringement notifications and counter notifications should be submitted to our Copyright Agent using the following information:

zenColor Company, LLC
Attention: IM LAW
Subject Line: DMCA Notification / DMCA Counter Notification
Email: aim@imiplaw.com
Address: 2146 Orchard Mist Street, Las Vegas, NV 89135
Telephone: +1 (888) 415-3481

To use zenColorCode (ZCC) reference numbers as an internal numbering system, the following Marking and Usage Rules apply, subject to the terms and conditions of your zenColor designPro Licensing Agreement:

  1. To use ZCC reference numbers as an internal color system, retailer(s), manufacturer(s), their contractors, sub-contractors, agents must ALL be current designPro licensees with valid License Keys. Use of ZCC reference numbers without a valid designPro license will automatically subject the user to the designPro license, including user’s license/renewal of the subscription, and acceptance of the Terms and Conditions of the designPro License Agreement.
  2. The full ZCC reference number (ie ZCC-1234) may NOT be displayed as live text information within product descriptions or within internal metadata.
  3. ZCC reference number may be included within a SKU number if it is used without the “ZCC-“ prefix. See following examples:
  1. When ZCC reference numbers are displayed in print (i.e., hang tags, labels, and packaging) the following ZCC Marking and Usage Rules apply:
    • Font: OPEN SANS – SemiBold
    • Color: White or Black (color is determined by the swatch field color as displayed in the ZCC universal digital swatch library)
    • Type must be rasterized (converting an image stored as an outline, into pixels that can be displayed on a screen or printed) within the swatch field as part of a graphic, and NOT as editable text.
  1. The shape of the swatch format can vary, depending on need, but the ZCC reference number display must always follow the ZCC Marking and Usage Rules. See following examples of acceptable ZCC reference numbers and swatch formats:
  1. ZCC reference numbers must always use a single hyphen as follows:
  1. ZCC reference code and number must always appear the same and can never be translated into a foreign language or characters.
  2. When referring to ZCC reference numbers in text or in copy, the zenColor registered trademarks must be used with their “TM” or “®” mark as follows:
  1. If one or more zenColor trademarks is referenced, it must be conspicuously stated that such mark is owned by zenColor Corporation as follows:
TRADEMARK GUIDELINES

TRADEMARK GUIDELINES

ZENCOLOR™ trademarks are intellectual property and are among our most valuable assets. In order to preserve and protect both our brand and our intellectual property, it is essential that our trademarks are used properly. Please follow these Guidelines, as well as our ZCC Marking and Usage Rules, to properly display or use zenColor trademarks in all communications, documents, and electronic messages.

These Guidelines apply to zenColor employees, customers, partners, licensees, outside vendors, and other third parties. If you are a Licensee of any zenColor trademark or logo, your License Agreement may have particular usage guidelines different than provided here. If so, please follow the specific guidelines in your License Agreement. If you are a Licensee but have not been provided with special guidelines for usage of the zenColor trademarks, then these Guidelines apply to your usage of zenColor trademarks.

You may reference zenColor products and services using the zenColor trademarks, so long as such references are: (1) truthful, fair, and not misleading, and (2) comply with these Guidelines, which may be modified from time to time by zenColor in its sole discretion. The zenColor trademarks should never be used in a way that could cause anyone wrongly to believe that your products or services are offered, endorsed, or sponsored by zenColor or any of its subsidiaries.

TRADEMARK NOTICES
Properly designate the status of zenColor trademarks by using the correct trademark symbol (® or ™) reflecting zenColor ownership of particular marks as set forth below. Also include an attribution of zenColor ownership in the following format:

“_______ is a trademark of zenColor — all rights reserved.”

In letters, memos, press releases, white papers, advertising, video, and other multimedia presentation properly designate (with ® or ™) all of the zenColor trademarks at the most prominent use (usually a headline) and again on the first occurrence in copy; and in the case of presentation graphics, trademarks should be designated with the proper trademark symbol on each page, slide, and foil. In newsletters, magazines, and publications containing multiple articles properly designate (with ® or ™) all of the zenColor trademarks on the first occurrence in the document, in headlines and on the first occurrence in every article in which they are used. In brochures, annual/quarterly reports, books, technical documentation, and other bound documents properly designate (with ® or ™) all of the zenColor trademarks on the first occurrence in the document, in headlines, and on the first occurrence in text. In all charts or graphs, properly designate trademarks (with ® or ™). On all packaging, always use the trademark symbol in every reference.

TRADEMARKS ARE SINGULAR ADJECTIVES, NOT VERBS, AND SHOULD NOT BE MADE POSSESSIVE

Use the zenColor trademarks only as adjectives followed by the appropriate generic product or service noun describing the relevant product or service (e.g., “the zenColor™ digital cross-referencing platform makes my life easy!”). zenColor trademarks should not be used in plural or possessive form or as verbs.

REFERENCES TO ZENCOLOR COMPANY, LLC

When zenColor is used to refer to our company, zenColor, rather than as a brand of product or services, then the rules for proper usage change slightly. Unlike trademarks, company names are proper nouns; they can be used in the possessive form and do not need to be followed by a generic term. Neither the ™ nor ® symbol should accompany references to zenColor as a company.

OWNERSHIP

Do not assert rights over any zenColor trademark whether by incorporating a zenColor trademark into your own product or service names, trademarks, logos, company names, or domain names or seeking a trademark or domain name registration for any term that includes a zenColor trademark.

LOGO USAGE

Do not make unlicensed use of zenColor logos, such as the logos listed below. Third party use of zenColor logos requires a license or written permission from zenColor. If you are interested in obtaining a license to use a zenColor trademark or logo, please CONTACT US to discuss your proposed use.

ZENCOLOR STYLE GUIDE

When using the zenColor trademarks: (i) follow the style and usage guidelines available in our Style Guide; (ii) use our Logos exactly as they appear and do not alter or distort their appearance in any way, for example, by adding your own design elements or changing the font, colors, or size; (iii) allow for clear space around our Logo; and (iv) maintain the legibility of our Logos and keep them sharp, clear, and well-produced. When using our Word Marks, you may not change their appearance by abbreviating them, incorporating them into acronyms, changing their spelling, using them in parts, or using improper capitalization.

NO TRADEMARK BIDDING IS ALLOWED

Unless expressly permitted in an agreement between you and zenColor, you may not bid on a zenColor trademark (or any variant or extension thereof) as a keyword on any search engine.

NO DISPARAGEMENT

You may not use a zenColor trademark in a disparaging or degrading manner.

ZENCOLOR LOGOS

The following is an illustrative, non-exhaustive list of logos and trademarks owned by zenColor. Because this list of logos and trademarks and their status could change over time, including as we add new products and services, please review this section in these Guidelines periodically. Please note that the absence of a product or service name or logo from the list below does not constitute a waiver of zenColor trademark or other intellectual property rights in that name or logo.

TRADEMARKS AND SERVICE MARKS

The trademarks, logos and service marks (Marks) displayed in the zenColor designPro application are the property of zenColor Corporation. Users are strictly prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the World Wide Web without the written permission of zenColor Corporation. All information and content in this software application (Content) is protected by copyright, trademark, and patent. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available in the zenColor designPro application for commercial or public purposes.

The following are trademarks and service marks of zenColor Corporation, its subsidiaries and/or affiliates that may appear in this software application. This is not a comprehensive list.

ZENCOLOR®, ZENCOLORCODE®, ZENCOLOR BRUSHSTROKE ICON®, ZCANALYTICS® HUE AND HARMONY® and other zenColor trademarks and copyrights are the property of zenColor Corporation in the United States and/or other countries.

PATENTS

The following are U.S. patents that zenColor Corporation, its subsidiaries or/or affiliates own or hold a license to, which relate to products or services. This is not a comprehensive list.

US 9,348,844
US 8,600,153
US 9,047,633
US 9,087,357
US 9,436,704
US 9,607,404

PATENT INFRINGEMENT

Both infringement notifications and counter notifications should be submitted to our legal department using the following information:

zenColor Company, LLC
Attention: IM LAW
Subject Line: Patent Infringement Notification
Email: aim@imiplaw.com
Address: 2146 Orchard Mist Street, Las Vegas, NV 89135
Telephone: +1 (888) 415-3481

COPYRIGHT GUIDELINES

COPYRIGHT INFRINGEMENT NOTICE & TAKEOVER POLICY

NOTIFICATION OF INFRINGEMENT

zenColor (hereafter, “zenColor”) abides by the federal Digital Millennium Copyright Act (DMCA) and similar regulations in other jurisdictions by responding to written notifications of alleged infringement by legitimate copyright holders. As part of our response, we may remove or disable access to allegedly infringing material residing on our websites and within the Service. Please note that zenColor does not control content hosted on any third party website, and cannot remove content from any website it does not own or control.

To submit a copyright infringement notification to zenColor, send a written communication to our Copyright Agent, as required by the DMCA, and provide the following information in writing:

  • Identification of the copyrighted work that you claim has been infringed;
  • Identification of the specific material that is claimed as infringing and information sufficient to permit zenColor to locate that material on our websites or within the Service (providing a URL is the best way to help us locate the content quickly);
  • A statement that you believe, in good faith, that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or by law;
  • If you are not the copyright owner, a description of your relationship to the copyright owner;
  • Your contact information, including your name, address, telephone number, and email address;
  • A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner; and
  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner.

Please note that under Section 512(f) of the DMCA and similar regulations in other jurisdictions, anyone who knowingly misrepresents that material or activity is infringing may be liable for damages and attorneys’ fees incurred by the alleged infringer or by zenColor. Therefore, if you are not sure whether material infringes your copyright, you should first consider contacting an attorney.

RESPONSE TO NOTIFICATIONS

Following receipt of a proper written notification, zenColor will expeditiously remove or disable the allegedly infringing content. We will also notify the customer who submitted or posted the allegedly infringing material, and provide them with a copy of the copyright infringement notification. We may suspend or terminate access to the Service of customers that repeatedly or egregiously infringe the copyrights of others.

COUNTER NOTIFICATIONS

If a customer of the Service believes that their content was removed or disabled by mistake or misidentification, the customer can send us a written counter notification that includes the following:

  • The customer’s contact information, including name, address, email address, and telephone number;
  • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or disabled;
  • A statement that the customer consents to the jurisdiction of the U.S. Federal District Court for the judicial district in which the customer is located (or if the customer is outside the U.S., the U.S. Federal District Court for the District of South Florida located in Miami, FL), and that you will accept service of process from the person who originally provided zenColor with the notification of infringement;
  • A statement under penalty of perjury that the customer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  • A physical or electronic signature of the customer;

Please note that under Section 512(f) of the DMCA and similar regulations in other jurisdictions, any person who knowingly misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

zenColor will only accept counter notifications that meet the requirements set forth above and are properly submitted to our Copyright Agent. Upon receipt of a proper written counter notification, zenColor will provide the person that submitted the infringement notification with a copy of the counter notification, and will, on or after 10 business days following receipt of the counter notification, restore the removed material to the Service unless our Copyright Agent first receives notice that a court action has been filed to restrain the customer from engaging in infringement related to the allegedly infringing material.

COPYRIGHT AGENT INFORMATION

Both infringement notifications and counter notifications should be submitted to our Copyright Agent using the following information:

zenColor Company, LLC
Attention: IM LAW
Subject Line: DMCA Notification / DMCA Counter Notification
Email: aim@imiplaw.com
Address: 2146 Orchard Mist Street, Las Vegas, NV 89135
Telephone: +1 (888) 415-3481

ZCC MARKING AND USAGE RULES

To use zenColorCode (ZCC) reference numbers as an internal numbering system, the following Marking and Usage Rules apply, subject to the terms and conditions of your zenColor designPro Licensing Agreement:

  1. To use ZCC reference numbers as an internal color system, retailer(s), manufacturer(s), their contractors, sub-contractors, agents must ALL be current designPro licensees with valid License Keys. Use of ZCC reference numbers without a valid designPro license will automatically subject the user to the designPro license, including user’s license/renewal of the subscription, and acceptance of the Terms and Conditions of the designPro License Agreement.
  2. The full ZCC reference number (ie ZCC-1234) may NOT be displayed as live text information within product descriptions or within internal metadata.
  3. ZCC reference number may be included within a SKU number if it is used without the “ZCC-“ prefix. See following examples:
  1. When ZCC reference numbers are displayed in print (i.e., hang tags, labels, and packaging) the following ZCC Marking and Usage Rules apply:
    • Font: OPEN SANS – SemiBold
    • Color: White or Black (color is determined by the swatch field color as displayed in the ZCC universal digital swatch library)
    • Type must be rasterized (converting an image stored as an outline, into pixels that can be displayed on a screen or printed) within the swatch field as part of a graphic, and NOT as editable text.
  1. The shape of the swatch format can vary, depending on need, but the ZCC reference number display must always follow the ZCC Marking and Usage Rules. See following examples of acceptable ZCC reference numbers and swatch formats:
  1. ZCC reference numbers must always use a single hyphen as follows:
  1. ZCC reference code and number must always appear the same and can never be translated into a foreign language or characters.
  2. When referring to ZCC reference numbers in text or in copy, the zenColor registered trademarks must be used with their “TM” or “®” mark as follows:
  1. If one or more zenColor trademarks is referenced, it must be conspicuously stated that such mark is owned by zenColor Corporation as follows:

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