Which Should I Trademark, My Business Logo or Name?
MARKEDlegal
April 4, 2024
Welcome to Markedlegal.com. MARKEDlegal is owned and managed by the Marked Media. MARKED MEDIA provides visitors to our Website (“Visitors, “User” “You” or “Your”) access to the Website subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By browsing the public areas or by accessing and using the Websites, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Website.
Any user who registers with us (each, a “Registered User”) and wishes to purchase a product or service through our Website, is agreeing to the terms of this Agreement and the accompanying Terms of Service of Purchase with respect to such product or service. Anyone who wishes to subscribe to the Genius Insider must also agree to Terms of Service here. In the event of any conflict between the terms of this Agreement and the Terms of Service of Purchase, the Terms of Service of Purchase shall control.
You agree not to, and will not assist, encourage, or enable others to use the Website to:
We are under no obligations to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
MARKEDlegal and Genius Insider and other phrases on the Website constitute trademarks of MARKED MEDIA. The content of this Website, including but not limited to all the writing on the Website are owned by MARKED MEDIA or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use MARKED MEDIA trademarks, without our prior written permission specific for each such use.
Material that is protected by copyright or trademark may not be used without permission from the copyright/trademark owner. Since the Internet makes it so easy to infringe on someone’s intellectual property, it is impossible for us to know if your uploading represents infringement. You are responsible for the material you post on the Website and will be held legal responsible for the copyright and or trademark infringement.
Use MARKED MEDIA trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of MARKED MEDIA trademarks inures to our benefit.
Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the content may be retransmitted without our express, written consent for each and every instance.
MARKEDlegal like any community, functions best when its users follow a few simple rules. By accessing and or using the Website, you agree to comply with these community guidelines (the “Community Guidelines”) and that you will comply with all applicable laws in your use of the Website and will not use the Website for any unlawful purpose.
Members may post their content to our Website through our Services (Member Content). Members and Visitors understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. MARKED MEDIA is not responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, MARKED MEDIA will submit all necessary information to relevant authorities.
If any Member Content is reported to MARKED MEDIA as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by MARKED MEDIA. If the Member fails to meet such a request, MARKED MEDIA has full authority to restrict the Member’s ability to post Member Content OR to immediately terminate the Member’s membership without further notice to the Member.
Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members will respect copyright and trademark laws.
You warrant that you will not use our Services to infringe on the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights.
As a Member, you agree not to use our Services to do any of the following:
Upload, post, or otherwise transmit any Member Content that:
which may expose MARKED MEDIA, our affiliates, or our Users to any harm or liability of any type
Use our Content to:
In addition:
As noted above, the Website provides Registered Users the ability to post and upload Member Content. You expressly acknowledge and agree that once you submit your Member Content for inclusion into the Website, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Member Content, including, without limitation, any personally identifying information that you may make available. You, and not Marked Media, are entirely responsible for all your Member Content that you upload, post, email, or otherwise transmit via the websites.
You retain all copyrights and other intellectual property rights in and to your own Member Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Member Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Member Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Member Content permitted by the previous sentence and/or to advertise and promote the Websites, MARKED MEDIA, and our products and services. Without limiting the foregoing, you acknowledge and agree that uses of your Member Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Member Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.
If you submit Member Content to us, each such submission constitutes a representation and warranty to MARKED MEDIA that such Member Content is your original creation (or that you otherwise have the right to provide the Member Content), that you have the rights necessary to grant the license to the Member Content under the prior paragraph, and that it and its use by MARKED MEDIA and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.
Neither registering as a User or purchasing a product from our Website constitute an attorney-client relationship. No attorney client relationship is formed unless expressly stated in the Terms of Service of Purchase with respect to such product or service.
We may terminate this Agreement and close your account, or suspend your access to the Services, at any time without notice and without responsibility or liability to you, in the event of your actual or suspected unauthorized use or misuse of the Website or breach of the Agreement. If you have a Subscription at the time of termination, we will refund to you a pro-rata share of your Subscription charge to account for the period you will not be able to access the Subscription.
We may terminate this Agreement and close your account at any time on reasonable notice to you if we cease to provide the Services.
The Website is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
These terms constitute the entire agreement between you and MARKED MEDIA with respect to the subject matter of these Terms and supersede and replace any prior version of the Terms. These Terms create no third-party beneficiary rights.
The Website Content are provided on an “as is” and “as available” basis without any warranties of any kind. To the fullest extent permitted by applicable law, MARKED MEDIA disclaims all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose. MARKED MEDIA reserves the right to change functionality and content offered under the Services on an ongoing basis.
To the fullest extent permitted by applicable law, MARKED MEDIA makes no warranties or representations about the Website, products, or services including but not limited to their accuracy, reliability, completeness, efficacy, or timeliness. MARKED MEDIA shall not be subject to liability for truth, accuracy, or completeness of any information conveyed to the user or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that your use the Website is at your own risk. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other Content available through the Website.
In no event shall MARKED MEDIA be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the access, use or inability to use the Website, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability shall be limited to the greatest extent permitted by law. To the fullest extent permitted by law, the liability of MARKED MEDIA arising from any error or other circumstance that may give rise to liability
The Websites may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
MARKEDlegal is not a law firm and does not provide legal advice to its website visitors or members. The information provided is for educational and informational purposes.
You agree that MARKEDlegal is not a therapeutic, medical, or attorney-client relationship. You understand that MARKEDlegal cannot provide therapeutic, medical, or legal services and that you are responsible for procuring these services at your own will, discretion, and expense.
During the registration process for Registered Users, we will ask you to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and corresponding Password can be used by only one Registered User, and sharing your access credentials with others (especially if they are using your credentials to access our proprietary Content (as defined below)) is a material breach of this Agreement. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Websites using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name, or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or Unique Identifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action.
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice which is hereby offered as a convenience to you:
The name and address of the provider of the Services is Marked Media, Customer Support, 3966 Atlanta Hwy, Montgomery, AL 36109. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or by email to admin@markedlegal.com
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.
The laws of the State of Alabama will apply to any dispute arising out of or relating to these Terms or the Services. All claims arising out of or relating to these Terms or the Services will be litigated exclusively in the state of federal courts of Alabama and you and MARKED MEDIA consent to personal jurisdiction and exclusive venue in such courts.
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Alabama for purposes of any such action by us.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Marked Media reserves the right to change the terms, conditions, and notices under which Websites are offered. By using Websites or sending our office any personal information, you agree to this policy and will be deemed bound to this policy in effect as of the date of such use.
MARKEDLEGAL. IS NOT A LAW FIRM. THE INFORMATION ON THIS SITE, AND ANY PRODUCT YOU PURCHASE, IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND IS NOT LEGAL ADVICE. INFORMATION ON THIS WEBSITE MAY NOT CONSTITUTE THE MOST UP-TO-DATE LEGAL OR OTHER INFORMATION. NO ATTORNEY-CLIENT RELATIONSHIP IS FORMED BY VIEWING THE WEBSITE OR BY PURCHASING OR VIEWING A TEMPLATE. IF YOU NEED ANY LEGAL ADVICE, YOU SHOULD CONTACT A LICENSED ATTORNEY IN YOUR STATE. NO READER, USER, OR BROWSER OF THIS SITE SHOULD ACT OR REFRAIN FROM ACTING ON THE BASIS OF INFORMATION ON THIS SITE WITHOUT FIRST SEEKING LEGAL ADVICE FROM COUNSEL IN THE RELEVANT JURISDICTION. ONLY YOUR INDIVIDUAL ATTORNEY CAN PROVIDE ASSURANCES THAT THE INFORMATION CONTAINED HEREIN – AND YOUR INTERPRETATION OF IT – IS APPLICABLE OR APPROPRIATE TO YOUR PARTICULAR SITUATION.