Name and Logo Policy
Pennsylvania Association of Criminal Defense lawyers
Section: MembersTitle: PACDL Name and Logo Policy
Adopted: September 22, 2017
1. Purpose of the Statement of Policy. The name and logo (“Logo”) of the Pennsylvania Association of Criminal Defense Lawyers (“Association”) are its intellectual property (“Marks”) and constitute one of the Association’s most valuable assets. It is the responsibility of all Association employees, members, officers, directors, chapters and others involved with the development, adoption, publication, use and/or distribution of the Association’s intellectual property (“Users”) to ensure the Marks are used in accordance with this policy. This policy sets forth the terms and conditions for the appropriate and permitted uses of its intellectual property (“License”).
2. Association Name. In official usage, the Association’s name shall be designated as the Pennsylvania Association of Criminal Defense Lawyers.
3. Ownership of the Marks. Users of the Association’s Marks agree and acknowledge that the Marks are the sole and exclusive intellectual property of the Association. Use of one or more of the Marks shall constitute consideration for, agreement to and acceptance of the following terms and conditions. Use of the Marks is permitted only pursuant to the terms and conditions of this limited and revocable License, and any other written agreement which terms apply to such use. The Association makes no warranties, representations or statements, express or implied, with respect to its Marks. The Association shall not be responsible for any loss or damages of any kind whatsoever sustained by any party, however caused, with regard to use of its Marks.
4. Use of the Logo. The Association may use its Marks (or grant others permission to use its Marks) in any way it sees fit. Users may scale/resize the Logo to suit their needs, but may not change color or design or alter the graphics in any way, including proportion, color, element, type, etc., except by express permission from the Association. Additionally, Users may not animate, morph or in any other way distort the appearance of the Logo. The Logo must be separate and distinct from other marks and may not be combined with any other graphic. In every use, the integrity of the Logo must be preserved.
a) Linking to the Association’s Internet Home Page. Users may, without written permission, use the Logo to denote an electronic link to the Association website – www.pacdl.org, or its sub-pages. Links from web sites that, in the Association’s sole discretion, could be construed as distasteful or offensive, obscene, defamatory, libelous, misleading, or which are being used for illegal purposes are not permitted. Any link established must transfer the viewer directly to the Association’s website to enable viewing of the site as posted by the Association, without the imposition of any frames, browser windows or third-party content. Use of the Logo or linking to the Association website is at the user’s sole risk. The Association provides this access “as is” and disclaims any warranties, express or implied.
b) To Denote Membership in the Association. All members of the Association who are current in membership dues owed to the Association may, without written permission, use the Logo to indicate that they are Association paid members in good standing on their website, business card, stationery, or letterhead to denote membership in the Association. Members’ use of the Logo inures solely and permanently to the benefit of the Association, its successors and assigns. Use of the logo does not imply approval or endorsement by the Association.
c) Use of Logos by the Media. Accredited news media, upon request to the Association, may be permitted to use the Logo in articles and materials about the Association, its members, standards, services and mission, solely for the purposes of referring to the Association.
d) Co-Sponsored Events and Publications. Events, seminars, publications, etc., which are co-sponsored by the Association, may use the Logo on their website and printed materials in conformity with the terms and conditions of this Policy. Any such materials or Logo use must be approved in advance by the Association.
e) Nonmembers. The Logo may not be used by non-members including former members of the Association. When a User ceases to be a member of the Association in good standing or upon notice by the Association, the rights under the License automatically and immediately terminate. Once the License terminates, use of the logo must immediately cease.
5. Compliance with Rules of Professional Conduct. A member using the logo shall comply with all Rules of Professional Conduct and rules and rulings by the Pennsylvania Supreme Court Committee regarding attorney advertising.
6. Association Letterhead and Titles. Members of Association committees, subcommittees, and task forces must exercise care and good judgment in use of Association letterhead, envelopes and official titles/designations. Association letterhead, envelopes and titles may only be used for Association business and purposes, not for personal business. A letter (or email) written on Association stationary or for official Association purposes should not contain personal comments or opinions of the writer. Officers of Association committees, subcommittees or task groups must refrain from using official Association titles when expressing personal views or comments.
7. Restrictions on Use: The Association’s Logo may not be used for any commercial purpose unless approved specifically by the Association. Members may not:
a) adopt, publicize, promote or otherwise convey any policy or principle in the name of the Association that has not been officially adopted by the Association;
b) sublicense either the Logo, parts thereof, or confusingly similar marks;
c) challenge the license of the Association’s use, rights, applications, registrations, or third-party licensing with respect to the Logo or parts thereof;
d) use the Logo to imply, in any way, that the member is an authorized agent of the Association;
e) seek to register or claim rights in the Logo, parts thereof, or confusingly similar marks;
f) use marks that are parts of, or confusingly similar to, the Logo;
g) use the Logo in a way that in the Association’s view, either:
(i) violates the law, regulation or other public policy;
(ii) tarnishes or disparages the positive image and goodwill of the Association or the Logo,
(iii) is false or misleading,
(iv) violates the rights of others, or
(v) mischaracterizes, causes confusion or deceives others into thinking that the Association is the origin of, sponsors, endorses, certifies or otherwise approves of either members (except with respect to their status as members) or members’ services or commercial activities without permission; or
h) sue or threaten to sue the Association for contributory infringement regarding activity by other members that use the Logo.
8. Indemnification. Members that use the logo automatically agree to release, defend, indemnify, and hold harmless the Association from third-party claims regarding members’ activities.
9. Enforcement. The Association, without further notice, reserves the right to prohibit use of the Marks if it determines, in its sole discretion, that a User’s usage, whether willful or negligent, is not in strict compliance with this Policy, otherwise is not in the best interest of the Association, the User is not an Association member in good standing or current in dues or for any reason whatsoever. Any failure by a User to comply with the policies of use, whether willful or negligent, may result in the immediate revocation or denial of membership, in addition to any other penalties that may be imposed by the Association. The Association may take legal action to protect its logo. Users agree to jurisdiction and venue in Pennsylvania state and federal courts. User agrees that any breach by it of the terms and conditions herein entitles the Association to an injunction and possible damages against the User.
10. Amendment. The Association reserves the right to alter, amend or terminate this Policy at any time and without notice to the User. The User agrees to abide by any such changes or amendments.