LEGAL & TRADEMARK NOTICE
SPINNING and SPINNER are registered trademarks of Mad Dogg Athletics, Inc., a California corporation.
What is SPINNING and what is a SPINNER?
The word "Spinning" was coined by Johnny G and our company, and is an arbitrary word we created for our stationary bicycle exercise program. We also coined the name JOHNNY G SPINNER and SPINNER for our stationary exercise bicycle. The SPINNING program is a specific and extensively detailed program including general exercises, different exercise sets directed at various goals, features that take advantage of the patented SPINNER stationary bicycle, heart rate training, and motivational materials. Most importantly, "Spinning" is the brand name of our particular program and should not be used to refer to any stationary bicycle activity or program other than Mad Dogg Athletic, Inc.'s program or bicycle.
The Marks are Registered for the Following Uses:
In addition to the program and bicycle, we also use and own trademark rights in the trademark SPINNING for sports instruction, health education, rental of health equipment, nutritional supplements, pre-recorded video and audio cassettes, clothing, and exercise equipment. Additionally we own the trademark SPINNER for exercise equipment.
What is the Purpose of the SPINNING and SPINNER Trademarks?
Registration of the trademarks SPINNING and SPINNER with the U.S. Patent and Trademark Office provides our company with additional legal means for protecting consumers, licensees, distributors, our company, and its products and services from deceptive imitations and practices. These rights include, among other things, the exclusive right to use the trademarks throughout the United States, and a presumption of validity of the registered trademarks.
Improper use of the marks will not serve to distinguish SPINNING products and services from the products and services of others and may damage acquired rights. To prevent this from happening, Mad Dogg Athletics, Inc. sets forth various guidelines to assist you in the proper use of its trademarks. Trademarks must be handled with care because improper use can destroy a trademark.
Proper trademark use would be automatic if we would remember that a trademark identifies a particular brand of a product or service. In other words, it is not the name or description of a product or service. Therefore, to avoid improper use of our trademarks, you need to use the trademarks together with the common name or description of the product or service. The proper use of the marks would be for you to say or use "the SPINNING® exercise program" and "the SPINNER® stationary exercise bicycle." This method of using our trademarks will clearly inform the public that they are purchasing goods or services of Mad Dogg Athletic, Inc., and not from any other person or business.
For example, a person buying a MUSTANG car knows that such car is manufactured by Ford Motor Company, and as a result, the person expects a certain level of quality in the car.
Who may use the SPINNING Trademark and Logo?
Anyone licensed by Mad Dogg Athletics, Inc. has the right to advertise that their facility offers the SPINNING program so long as such advertising follows the method of use outlined in this guide and that the facility does not indicate that it is an agent or is otherwise connected with Mad Dogg Athletics, Inc. (unless of course they are). If you become aware of any unauthorized or improper use of the SPINNING or SPINNER trademarks, please contact our office at (800) 847-SPIN and we will take the necessary steps to contact and if necessary, prosecute the infringing party.
Please observe the following rules:
Use Special Typography. The SPINNING and SPINNER trademarks should be either CAPITALIZED completely, used with "Initial Caps" with quotes, or at the very least, with initial capitalized letters. Other alternatives for distinguishing the SPINNER and SPINNER trademarks include italics, boldface, or different color type. Use the Product or Service's Generic Name. The first and most important rule is to use the generic name of the products and services in association with the trademarks. As a minimum requirement, use the generic term after the trademark at least once in each written communication and, when appropriate, in broadcast matter - preferably the first time the marks appear.
Examples:
The SPINNING program SPINNING stationary bicycle
The SPINNING exercise program SPINNER stationary bicycle
The SPINNING stationary bike program SPINNER exercise bicycle
Use a Trademark Notice. Mad Dogg Athletics, Inc. requires the use of the trademark notice one or more times in all printed materials and advertising. You may use any of the following trademark notices at the end of each trademark: ®, Reg. U.S. Pat. & Tm. Off., or Registered in U.S. Patent and Trademark Office.
Examples:
SPINNING®
SPINNER®
The SPINNING program The JOHNNY G SPINNER®
Avoid Variations
Do not change the spelling, or insert hyphens, or make one word into two, or combine two words into one.
Avoid Incorrect Grammatical Use. Never use the SPINNING or SPINNER trademarks as a noun or a verb. For example, never use the word "spin" as a verb to describe an exercise program, class, physical activity, or an exercise bicycle. Remember the trademarks SPINNING and SPINNER are not the name of the product or service. Instead, they indicate that the goods bearing or services offered under such marks originate from one source, i.e., Mad Dogg Athletics, Inc. The proper use is to say or use "the SPINNING exercise program" and "the SPINNER stationary exercise bicycle."
Avoid Using the SPINNING Trademark as a Trade Name.
It is incorrect to refer to our trademarks as a trade name (i.e.,company name). For instance, SPINNING and SPINNER are trademarks; Mad Dogg Athletics, Inc. is our trade name.
The SPINNING and SPINNER Trademarks should not be used in any of the following ways:
With the letter "S" not capitalized. For example, spinning or spinner.
Misspelled. For example, spining or spin.
As a verb. For instance, "Come spin with us".
As a noun. For example, "Get Spinning."
As part of a trade name. For instance, "The New York Spinning Center".
As a generic term. For example, as a name for an indoor stationary cycling program or other products.
By advertising the SPINNING program or products and offering another product manufactured or service of a company or person other than Mad Dogg Athletics, Inc.
Use of the SPINNING Logo
The SPINNING logo was designed to designate products and services developed by Mad Dogg Athletics, Inc. and may be used by licensees in its exact form to advertise and promote the SPINNING program. Under no circumstances may the SPINNING logo be used, without Mad Dogg Athletic, Inc.'s express written consent, to manufacture and sell products such as clothing, water bottles, or any other merchandise. |