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Vegas Brand 
      the leading edge of business critical computing  
 

 

Project 'Vegas Brand' Official Site
(continued)

Frequently Asked Questions

Contents

Do I need a sublicense?

You need to apply for a sublicense if you are using the term “Vegas” as part of your own trademark or brand identifier for Vegas-based software goods or services. It doesn’t matter if your trademark is unregistered, or if you do not plan to make any money using the mark.

Answering the following questions (which break out each of the key issues) may help you determine if you need a sublicense from VLI. If you are still in doubt, please contact VLI and we will work with you to determine whether you need to apply for a sublicense.

If the answer to all three of the following questions is “yes,” then you need to apply for a sublicense. If the answer to any of these questions is “no,” then you do not need to apply for a sublicense.

  1. Is my mark a trademark (see how we define “trademark,” below)?
  2. Does my mark contain the following string of adjacent letters, in this order: “Vegas”? These letters may or may not be capitalized, and in the case of foreign characters, phonetic translations also apply.
  3. Do I use my mark to identify software-related goods or services (see how that phrase is defined, below)?
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What is a trademark?

The definition of “trademark” varies somewhat from jurisdiction to jurisdiction. Generally, a trademark is a name used in public to identify the source of specific goods and services. Trademark rights can be used to prevent others from using a similar mark to identify a source of similar goods and services. If you are unsure whether you are using a trademark, you should speak with someone familiar with the law where you are located.

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What is fair use?

The term “fair use” applies to non-trademark uses of a term that would normally occur in everyday communication. Fair uses of “Vegas” do not require you to obtain a sublicense. Examples of fair use can be found at the "Who Needs a Sublicense?" page.

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I am making T-shirts, mugs, etc. for sale, and I want to include "Vegas" on them. Do I need a sublicense?

No, this is generally considered fair use. However, your goods still should attribute ownership of the Vegas mark to Trevor Biscope. For more information on attribution, follow the “Trademark Attribution” link at the right.

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I am registered owner of an internet domain which includes the term "Vegas." Do I need a sublicense?

The Vegas Sublicense Agreement applies only to trademarks, but we recognize that internet domains are sometimes used as trademarks. If you are using your domain name as a trademark, then you will need a sublicense from VLI. For help determining whether your domain is a trademark, see the questions and answers at the top of this FAQ page.

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When do I have to show proper attribution?

Whenever and however you use the term Vegas in print, on the internet, or in audio broadcasts, you should always give proper attribution to Trevor Biscope, the owner of the trademark. For more information see “Trademark Attribution.”

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I am registering or have registered a trademark with my country's trademark authority. Do I still need a sublicense?

Yes, assuming your trademark includes the element Vegas and it is being used in connection with software-related goods and services. Please note, the Sublicense applies to Vegas trademarks whether or not they are registered with a trademark authority. If you are using the term Vegas as a trademark (whether or not registered), you need to apply for a sublicense.

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I am a commercial entity (for example, a company, partnership or sole proprietor, profit or non-profit) selling software-related goods or services and using the word "Vegas" in the entitys name. Do I need to apply for a sublicense?

Yes, because you are using Vegas as part of a trademark in connection with software-related goods or services. Software-related goods are computer programs and systems, or packages bundling software with tools, utilities, hardware, etc. Software-related services are services that deploy, document, facilitate the use of, or enhance computer programs and systems.

Even if you don’t use Vegas as part of the entity’s name, if the entity has a product or service (whether sold or given away for free) that uses "Vegas" in its name, you still need a sublicense for the use of the word Vegas in the name of the products or services.

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If I sublicense my trademark, will VLI refuse to sublicense marks that are the same as, or confusingly similar to, my sublicensed mark?

No, VLI will not attempt to ensure exclusivity or protect sublicensee marks from infringement. VLI considers the protection of trademarks against infringement to be the responsibility of the trademark owner. VLI is not a dispute resolution authority, and does not become involved in disputes between trademark owners.

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Trademark Registration consent: My organization has applied to register a trademark for software-related goods or services that includes Vegas as an element. The application was rejected for confusing similarity to Trevor Biscopes' trademark. If I enter into a sublicense, will VLI consent to my registration?

No. The Vegas Sublicense Agreement is not a consent for the registration of sublicensed trademarks. To protect the VLI mark from dilution, VLI does not consent to the registration of trademarks found to be confusingly similar to the Vegas mark.

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Domain Name Registration Consent: My organization has applied to register an internet domain name which includes the element Vegas. If we enter into a sublicense, will VLI consent to our registration?

VLI and the Vegas Sublicense Agreement have no control over the registration of domain names, which are distinct from trademarks (see related FAQs above). VLI does not oppose the registration of domain names. You do not need a sublicense to use a domain name which includes Vegas, unless you use your Vegas domain name as a trademark.

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Can I become a member of VLI?

Formerly, VLI offered memberships to sublicensees and anyone else who was interested. Please note this is no longer available.




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