Trademark Policy

The objective of the Brushtastic trademark policy is to encourage widespread use of the Brushtastic trademarks by the Brushtastic community while controlling that use in order to avoid confusion on the part of Brushtastic users and the general public, to maintain the value of the image and reputation of the trademarks and to protect them from inappropriate or unauthorized use.

The sections below describe what is allowed, what isn't allowed, and cases in which you should ask permission.

If you have any doubt, please contact us and a member of our trademark's team will be in touch with you shortly.

If you are aware a breach or misuse of the Brushtastic trademarks in any way, we would appreciate you bringing this to our attention. Please contact us so that we can investigate this further.

The Trademarks

Digithrive, Inc. owns a number of trademarks and these including Brushtastic. The trademarks are registered in both word and logo form. Any mark using the letters Brushtastic is sufficiently similar to one or more of the trademarks that permission will be needed in order to use it. This policy encompasses all marks, in word and logo form, collectively referred to as “Trademarks”.

Permitted Use

Certain usages of the Trademarks are fine and no specific permission from us is needed.

Trademark Advocacy. Brushtastic is built by, and largely for, the artist community. We will allow the use of the trademarks in this context, provided:

  • the Trademark is used in a manner consistent with the Usage Guidelines below

  • what you are referring to is in fact Brushtastic. If someone is confused into thinking that what isn't Brushtastic is in fact Brushtastic, you are probably doing something wrong

  • there is no suggestion (through words or appearance) that your project is approved, sponsored, or affiliated with Brushtastic or its related projects unless it actually has been approved by and is accountable to Digithrive, Inc.

If you are creating a derivative of Brushtastic, you may use the Trademarks in association with the software product provided:

  • the changes are minimal and unsubstantial, as described above

  • the Trademark is used in a way that makes it clear that your project is a development effort related to the Brushtastic source, but that the software you are working upon is not in fact Brushtastic as distributed by the Brushtastic project.

Commentary and parody. The Brushtastic trademarks are designed to cover use of a mark to imply origin or endorsement by the project. When a user downloads something called Brushtastic, they should know it comes from Brushtastic. This helps Brushtastic build a reputation that will not be damaged by confusion around what is, and isn't, Brushtastic. Using the trademarks in your discussion, commentary, criticism or parody, in ways that unequivocally do not imply endorsement, is permissible. Anyone is free to write articles, create websites, blog about, or talk about Brushtastic — as long as it's clear to everyone — including people completely unfamiliar with Brushtastic — that they are simply referring to Brushtastic and in no way speaking for Digithrive, Inc., or the Brushtastic project.

Restricted use that requires a trademark license

Permission from us is necessary to use any of the Trademarks under any circumstances other than those specifically permitted above. These include:

  • Any commercial use.

  • Use on or in relation to a software product that includes or is built on top of a product supplied by us, if there is any commercial intent associated with that product.

  • Use in a domain name or URL.

  • Use for merchandising purposes, e.g. on t-shirts and the like.

  • Services relating to any of the above.

If you wish to have permission for any of the uses above or for any other use which is not specifically referred to in this policy, please contact us and we'll let you know as soon as possible if your proposed use is permissible. Note that due to the volume of mail we receive, it may take up to a week to process your request. Permission may only be granted subject to certain conditions and these may include the requirement that you enter into an agreement with us to maintain the quality of the product and/or service which you intend to supply at a prescribed level.

While there may be exceptions, it is very unlikely that we will approve Trademark use in the following cases:

  • Use of a Trademark in a company name.

  • Use of a Trademark in a domain name which has a commercial intent. The commercial intent can range from promotion of a company or product, to collecting revenue generated by advertising.

  • The calling of any software or product by the name Brushtastic (or another related Trademark), unless that software or product is a substantially unmodified Brushtastic product, or properly labeled as a "Remix" as described above.

  • Use in combination with any other marks or logos. This include use of a Trademark in a manner that creates a "combined mark," or use that integrates other wording with the Trademark in a way that the public may think of the use as a new mark (for example Club Brushtastic or Brushtastic Books, or in a way that by use of special fonts or presentation with nearby words or images conveys an impression that the two are tied in some way).

  • Use in combination with any product or service which is presented as being Certified or Official or formally associated with us or our products or services.

  • Use in a way which implies an endorsement where that doesn't exist, or which attempts to unfairly or confusingly capitalize on the goodwill or brand of the project.

  • Use of a Trademark in a manner that disparages Brushtastic, Digithrive, Inc. or its products and is not clearly third-party parody.

  • On or in relation to a software product which constitutes a substantially modified version of a product supplied by the Brushtastic project, that is to say with material changes to the code, or services relating to such a product.

  • In a title or metatag of a web page whose sole intention or result is to influence search engine rankings or result listings, rather than for discussion, development or advocacy of the Trademarks.

Logo Usage Guidelines

Our logos are presented in multiple colors and it is important that their visual integrity be maintained. It is therefore preferable that the logos only be used in their standard form but if you should feel the need to alter them in any way you should keep the following guidelines in mind. It should also be borne in mind that the more you wish to vary our logos from their standard form the smaller is the chance that we will be able to approve your proposed use.

  • If presented in multiple colors, the logo should only use the “official” logo colors.

  • You may use transparency and gradient/depth tools but should retain the “official” colors.

  • A monochrome version may be acceptable in certain situations, if the use requires it (e.g. desktop backgrounds).

  • Any scaling must retain the original proportions of the logo.

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