Roku Trademark Guidelines

Roku · Official agreement

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29 of 29 cards

Legal Rights & Agreement Rules · Procedure

You must reasonably cooperate with Roku's legal action to protect its marks

The reader will provide reasonable cooperation with any legal or equitable action Roku takes to protect its right, title and interest in the Roku Marks and Roku Design Marks.

Details
Who
You (the party using Roku marks)
What it does
Provide reasonable cooperation with Roku's protective legal action
What it covers
Legal or equitable action to protect the Roku Marks and Roku Design Marks

Supporting quotations

You will provide reasonable cooperation with any legal or equitable action by Roku to protect its right, title and interest in and to the Roku Marks or the Roku Design Marks

Qualifications & exceptions

  • Cooperation is owed for Roku's legal or equitable actions, not for unrelated disputes.

Not stated here

  • The document does not specify what form the cooperation must take.
Also annotated in the same passage (1)

Charges & Financial Obligations · Restriction or exception

You bear no attorneys' fees for that protective action unless your conduct caused it

In Roku's protective legal action the reader is not responsible for any attorneys' fees or costs, except to the extent the reader's acts or omissions may have contributed to the need for Roku to take that action.

Details
Who
You (the party using Roku marks)
What it covers
Attorneys' fees and costs of Roku's protective action
Exception
Extent your acts or omissions contributed to the need for the action

Supporting quotations

you will not be responsible for any attorneys' fees and/or costs whatsoever with respect to the same, except to the extent your acts or omissions may have contributed to the need for Roku to take such action.

Qualifications & exceptions

  • The carve-out applies to the extent your own acts or omissions contributed to the need for the action.
  • It reaches attorneys' fees and costs, not damages generally.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Company practice

Roku alone decides whether to pursue third-party infringement and keeps any damages

If a third party infringes a Roku Mark or Roku Design Mark, Roku has the sole right, at its discretion, to start and conduct proceedings (including customs or government objections to imports of infringing goods), to negotiate and settle, and to retain any damages recovered.

Details
Who
Roku, Inc.
What it does
Initiate and conduct proceedings, negotiate and retain damages
Condition
Infringement of a Roku Mark or Roku Design Mark by a third party

Supporting quotations

INFRINGEMENT PROCEEDINGS
In the event of infringement of any Roku Marks or Roku Design Marks by a third party, Roku will have the sole right, in its discretion, to initiate and conduct proceedings (including notifications to customs or other government officials objecting to the importation of infringing goods) against the infringing party, to initiate and conduct negotiations with respect thereto, including settlement discussions, and to retain any damages recovered in such proceedings.

Qualifications & exceptions

  • Roku's right is sole and discretionary.
  • Proceedings expressly include notifications to customs or other government officials objecting to importation of infringing goods.
  • Roku also controls negotiations and settlement discussions.
  • Damages recovered are retained by Roku.

Not stated here

  • The document does not say whether the reader may act on its own against an infringer.
Also annotated in the same passage (1)

Charges & Financial Obligations · Restriction or exception

You bear no fees in Roku's infringement action unless your conduct contributed to it

The reader is not responsible for any attorneys' fees or costs in connection with Roku's infringement action, except to the extent the reader's acts or omissions may have contributed to or caused that infringement.

Details
Who
You (the party using Roku marks)
What it covers
Attorneys' fees and costs connected with Roku's infringement action
Exception
Extent your acts or omissions contributed to or caused the infringement

Supporting quotations

You will not be responsible for any attorneys' fees and/or costs whatsoever in connection with such action, except to the extent your acts or omissions may have contributed to or caused such infringement.

Qualifications & exceptions

  • The carve-out covers acts or omissions that contributed to or caused the infringement.
  • The cost allocation concerns Roku's infringement action, not the reader's own defence.
Also annotated in the same passage (1)

Content & IP Rights · Permission or license

Marks may be used only on products your agreement permits and only at Roku's quality level

The reader may use and apply the Roku Marks and Roku Design Marks only to products and other materials its agreement permits, and only while their quality meets Roku's standard of quality, consistent with the quality of Roku's own services and products.

Details
Who
You (the party using Roku marks)
What it covers
The Roku Marks and Roku Design Marks
Condition
Only products and materials permitted by your agreement, at Roku's quality standard

Supporting quotations

QUALITY CONTROL & REVIEW PROCESS
You may use and apply the Roku Marks and the Roku Design Marks only to the products and other materials permitted by your agreement and only so long as the quality of those products and other materials meets Roku's standard of quality consistent with the level of quality reflected in Roku's own services and products.

Qualifications & exceptions

  • Limited to products and materials permitted by your agreement.
  • The quality standard is Roku's own, measured against the level of Roku's services and products.
  • The permission is ongoing: it holds only so long as that quality is met.

Not stated here

  • The document does not state how that quality standard is assessed.

Cross-references

Also annotated in the same passage (1)

Content & IP Rights · Restriction or exception

Marks may not appear with objectionable material or in breach of law

Without limiting the quality requirement and by way of example only, the Roku Marks and Roku Design Marks may not be used on or in connection with material that is pornographic, morally offensive, defamatory, infringing or otherwise objectionable, or that violates any state, federal or foreign law or regulation.

Details
What it does
Do not use the marks with objectionable or unlawful material
What it covers
Pornographic, offensive, defamatory, infringing, otherwise objectionable or unlawful material

Supporting quotations

Without limiting the foregoing and by way of example only, the Roku Marks and Roku Design Marks may not be used on or in connection with any material that is pornographic, morally offensive, defamatory, infringing or otherwise objectionable, or that violates any state, federal or foreign law or regulation.

Qualifications & exceptions

  • The list is expressly an example, not a limit on the quality requirement.
  • Covers material on or in connection with which the marks appear.
  • Covers violation of state, federal or foreign law or regulation.
Also annotated in the same passage (1)

Content & IP Rights · Procedure

At Roku's request, materials bearing the marks are submitted for approval before distribution

At Roku's request the reader must submit samples of any and all materials bearing a Roku Mark or Roku Design Mark to Roku for review and approval before those materials are distributed.

Details
Who
You (the party using Roku marks)
What it does
Submit samples to Roku for review and approval
Condition
At Roku's request, before distribution

Supporting quotations

At Roku's request, you must submit samples of any and all materials bearing any Roku Marks or Roku Design Marks to Roku for review and approval prior to the distribution of such materials.

Qualifications & exceptions

  • Triggered by Roku's request, not automatic for every material.
  • Submission comes before distribution.
  • Covers any and all materials bearing a Roku mark.

Not stated here

  • The document does not set a deadline for submitting the samples.
Also annotated in the same passage (1)

Content & IP Rights · Procedure

Roku may object within five business days, and you must then modify the materials

Unless the written agreement expressly provides otherwise, Roku may make reasonable objections to a submitted sample within five business days of receiving it, on the grounds that it reasonably believes in good faith that the use or distribution would damage the recognition value or quality reputation of the marks, or that the materials do not meet the Guidelines or the written agreement. On such an objection the reader must modify the materials accordingly before using or distributing them.

Details
Who
Roku, Inc.
What it does
Object to a sample or modify it per the objection
Condition
Within five business days of receipt; written agreement may provide otherwise
When
Five (5) business days from receipt

Supporting quotations

Unless otherwise expressly provided for in your written agreement with Roku, Roku will have the right to make reasonable objections to any such sample within five (5) business days of its receipt thereof on the grounds that Roku reasonably believes in good faith that the use or distribution of such materials will be damaging to the recognition value or reputation for quality associated with the Roku Marks or the Roku Design Marks, or the materials do not meet the requirements of these Guidelines or your written agreement with Roku.
In the event of such an objection, you must modify the materials in accordance with the objection prior to the use or distribution of the materials.

Qualifications & exceptions

  • The objection window is five business days from Roku's receipt of the sample.
  • Displaced where the written agreement expressly provides otherwise.
  • Objections must be reasonable and made on the stated good-faith grounds.
  • Modification is required before any use or distribution.

Not stated here

  • The document does not say what happens if an objection arrives after the five business days.

Cross-references

Also annotated in the same passage (1)

Content & IP Rights · Context

This edition is labelled Rev. August 2024 US

The supplied page ends with the revision label "Rev. August 2024 US", identifying this as the August 2024 United States revision of the Guidelines.

Details
When
August 2024 revision
Where
United States

Supporting quotations

Rev. August 2024 US

Qualifications & exceptions

  • The label states a revision month and year plus the region, not an effective date.

Not stated here

  • The document gives no separate effective date or change history; earlier revisions are not supplied.

Content & IP Rights · Context

The Guidelines set Roku's trademark rules for the United States

The document is Roku's Trademark Guidelines as published for the United States, covering use of the Roku marks it lists. It addresses the reader's use of those marks rather than Roku's own use.

Details
Who
Roku, Inc.
What it covers
The Roku Marks and Roku Design Marks listed in the document
Where
United States

Supporting quotations

ROKU TRADEMARK GUIDELINES
(United States)

Qualifications & exceptions

  • The page is marked "(United States)"; other regional editions are not supplied here.

Not stated here

  • Whether the identical rules apply to uses outside the United States is not stated on this page.

Content & IP Rights · Context

Registered marks listed are ROKU, ROKU READY, two slogans, STREAMING STICK and the logos

Section A lists the registered trademarks: the word marks ROKU and ROKU READY, the slogans "STOP DREAMING. START STREAMING" and "THERE'S A TON OF ENTERTAINMENT IN THIS LITTLE BOX", STREAMING STICK, and the ROKU Logo and ROKU READY Logo.

Details
Who
Roku, Inc.
What it covers
Registered Roku word marks, slogans and logos

Supporting quotations

A. Registered Trademarks
ROKU®
ROKU READY®
STOP DREAMING. START STREAMING®
THERE'S A TON OF ENTERTAINMENT IN THIS LITTLE BOX.®
STREAMING STICK®
(ROKU Logo)
(ROKU READY Logo)
(ROKU Logo)

Qualifications & exceptions

  • The entries are listed under the heading "A. Registered Trademarks" and carry the ® symbol.

Cross-references

Content & IP Rights · Context

Common-law marks listed are four phrases and the ROKU POWERED Logo

Section B lists the common law trademarks: HAPPY STREAMING, NOW THIS IS TV, ROKU TV and ROKU POWERED, each with the ™ symbol, plus the ROKU POWERED Logo.

Details
Who
Roku, Inc.
What it covers
Common-law Roku marks with the ™ symbol

Supporting quotations

B. Common Law Trademark
HAPPY STREAMING™
NOW THIS IS TV™
ROKU TV ™
ROKU POWERED™
(ROKU POWERED Logo)

Qualifications & exceptions

  • These entries appear under "B. Common Law Trademark" with the ™ symbol rather than ®.

Cross-references

Content & IP Rights · Context

"Roku Marks" covers both the registered and the common-law marks

The Guidelines use one collective term, the "Roku Mark(s)", for all the registered and common-law trademarks listed above it in the document.

Details
What it covers
Roku Mark(s)

Supporting quotations

The above registered and common law trademarks are referred to throughout the Roku Trademark Guidelines (the "Guidelines") as the "Roku Mark(s)."

Qualifications & exceptions

  • The defined term is used throughout the Roku Trademark Guidelines themselves.

Cross-references

Content & IP Rights · Context

"Roku Design Marks" means the ROKU, ROKU READY and ROKU POWERED logos together

The logos listed above are referred to collectively as the "Roku Design Marks": the ROKU Logos, the ROKU READY Logos and the ROKU POWERED Logo.

Details
What it covers
Roku Design Marks

Supporting quotations

The above logos (including the ROKU Logos, the ROKU READY Logos, and the ROKU POWERED Logo) are referred to throughout the Guidelines collectively as the "Roku Design Marks."

Qualifications & exceptions

  • The term covers only the logo artwork, separately from the word marks.

Cross-references

Content & IP Rights · Restriction or exception

Trademark uses outside the Guidelines need Roku Legal's express written approval

Any trademark usage that falls outside these Guidelines, including any new trademarks or product names, is strictly prohibited unless the Roku Legal department gives express written approval.

Details
Who
You (the party using Roku marks)
What it does
Use a mark outside the Guidelines only with express written approval
Condition
Express written approval of the Roku Legal department

Supporting quotations

Any trademark usage which falls outside of the Guidelines set forth here (including any new trademarks or product names) is strictly prohibited without the express written approval of the Roku Legal department.

Qualifications & exceptions

  • Covers new trademarks and product names as well as other uses beyond the Guidelines.
  • The approval must be express, written and from the Roku Legal department.

Not stated here

  • The document does not say how to request that approval or what it must contain.

Legal Rights & Agreement Rules · Context

The Guidelines add to your written Roku agreement and override conflicting terms

The Guidelines' requirements sit on top of all other terms of your written agreement with Roku, Inc., and where the two conflict the Guidelines' terms prevail.

Details
Who
Roku, Inc.
What it covers
The Guidelines and the reader's written agreement with Roku

Supporting quotations

The requirements set forth in these Guidelines are in addition to all other terms and conditions of your written agreement with Roku, Inc. ("Roku") and supersede any conflicting terms or conditions of such written agreement.

Qualifications & exceptions

  • Precedence is limited to conflicting terms of your written agreement with Roku, Inc.

Cross-references

Content & IP Rights · Restriction or exception

Roku Design Marks must come from Roku's artwork and may not be altered or animated

When reproducing a Roku Design Mark you must use only the artwork Roku or its designee provided, may not alter it in any respect (proportions, colors, elements, typeface or otherwise), and may not animate, morph or otherwise distort its perspective or dimensional appearance.

Details
What it does
Reproduce design marks only from supplied artwork, unaltered and unanimated
Condition
Artwork provided by Roku or its designee

Supporting quotations

When you reproduce any of the Roku Design Marks, you must use only the artwork provided by Roku or its designee.
You may not alter any Roku Design Marks as provided to you in any manner, including proportions, colors, elements, typeface, or in any other respect.
You may not animate, morph, or otherwise distort the perspective or dimensional appearance of any of the Roku Design Marks.

Qualifications & exceptions

  • Permitted source of artwork: Roku or its designee.
  • Alteration includes proportions, colors, elements and typeface.
  • Animation, morphing and perspective or dimensional distortion are each prohibited.

Not stated here

  • The artwork itself is delivered separately; the document shows only logo placeholders.

Cross-references

Also annotated in the same passage (2)

Content & IP Rights · Restriction or exception

Purple in the design marks must be Pantone Medium Purple C

To keep the Roku Design Marks consistent across media formats, any purple in them must be Pantone Medium Purple C.

Details
What it does
Use Pantone Medium Purple C for purple
Why
Consistent presentation of the design marks across all media formats

Supporting quotations

To ensure consistent presentation of the Roku Design Marks across all media formats, you must use Pantone Medium Purple C for purple.

Qualifications & exceptions

  • Stated purpose is consistent presentation of the design marks across all media formats.
  • Applies to purple, not to every color in the artwork.

Cross-references

Also annotated in the same passage (1)

Content & IP Rights · Permission or license

Without Pantone, the listed RGB, CMYK and Hex values may be used for purple

If Pantone is not available, the permitted colour conversion formats are RGB 79 1 163, CMYK 80 100 0 0, and Hex #4F01A3, which is marked for web use only.

Details
What it does
Use the listed conversion values for purple
Condition
Pantone is not available
Where
Hex value for web use only

Supporting quotations

If Pantone is not available, you may use the following color conversion formats:
RGB = 79 1 163 CMYK = 80 100 0 0 Hex (web only) = #4F01A3

Qualifications & exceptions

  • Available only when Pantone is not available.
  • The Hex value is marked "web only".

Cross-references

Also annotated in the same passage (1)

Content & IP Rights · Procedure

The first use of a Roku Mark should carry ® or ™

The first use of any Roku Mark in a document or on a web page should include the symbol shown in the trademark listing: ® for registered trademarks and ™ for the common law trademark.

Details
What it does
Include ® or ™ with the first use of a Roku Mark
Condition
First use in a document or on a web page

Supporting quotations

The first use of any Roku Mark in a document or on a web page should include the symbol noted in the trademark listing above, i.e. ® for registered trademarks and ™ for the common law trademark.

Qualifications & exceptions

  • Applies to the first use in a document or on a web page.
  • The symbol depends on the mark: ® registered, ™ common law.
  • The source says "should", not "must".

Cross-references

Also annotated in the same passage (1)

Content & IP Rights · Procedure

The two Streaming Stick products have fixed written forms

All references to the two Streaming Stick products must be written "Roku Ready® Streaming Stick®" and "Roku® Streaming Stick®".

Details
What it does
Write the two Streaming Stick products in the listed forms
What it covers
The two Streaming Stick products

Supporting quotations

All references to the two Streaming Stick™ products shall be as follows:
Roku Ready® Streaming Stick®
Roku® Streaming Stick®

Qualifications & exceptions

  • The two product names are the only forms given; the document does not explain which product is which.

Not stated here

  • The document does not say how to write other Streaming Stick references beyond these two products.
Also annotated in the same passage (1)

Content & IP Rights · Restriction or exception

The ® or ™ in supplied design-mark artwork is never deleted

The artwork Roku provides for the Roku Design Marks already contains the ® or ™ in superscript, and that symbol should never be deleted from the artwork.

Details
What it does
Keep the ® or ™ symbol in the supplied artwork
What it covers
The superscript symbol in Roku Design Mark artwork

Supporting quotations

The artwork provided to you for the Roku Design Marks contains the ® or the ™ symbol in superscript, and that symbol should never be deleted from the artwork.

Qualifications & exceptions

  • Applies to the symbol embedded in the supplied artwork.

Content & IP Rights · Procedure

All uses must include the general trademark statement, customized to the marks used

Every use of the Roku Marks and Roku Design Marks must include the general statement in a reasonably visible location, adapted to the marks actually used; the full list of trademarks is not required, only those in the creative.

Details
What it does
Include the general trademark statement
Condition
Customized to the marks actually used, in a reasonably visible location

Supporting quotations

All uses of Roku Marks and Roku Design Marks must include the following general statement in a reasonably visible location (customized according to which marks you are actually using-you do not need to include the entire list of trademarks, just those incorporated in the creative):

Qualifications & exceptions

  • The statement goes in a reasonably visible location.
  • It is customized to the marks actually used, not the whole trademark list.

Cross-references

Content & IP Rights · Context

The statement attributes the marks to Roku, Inc. in the United States and other countries

The supplied statement text lists the marks and the purple fabric tag and d-pad designs and says they are trademarks and/or registered trademarks of Roku, Inc. in the United States and other countries.

Details
Who
Roku, Inc.
What it covers
Attribution of the listed marks

Supporting quotations

are trademarks and/or registered trademarks of Roku, Inc. in the United States and other countries.

Qualifications & exceptions

  • The statement covers marks the reader is not necessarily using; it is customized by selection from this list.
  • Two listed items, the purple fabric tag design and the purple d-pad design, do not appear in the registered or common-law lists above; the statement does not explain them.

Cross-references

Content & IP Rights · Restriction or exception

No name or trademark confusingly similar to a Roku Mark may be used

You may not use any name or trademark that is confusingly similar to a Roku Design Mark or any other Roku Mark.

Details
What it does
Do not use a confusingly similar name or trademark
What it covers
Names and trademarks confusingly similar to a Roku Mark

Supporting quotations

You may not use any name or trademark confusingly similar to the Roku Design Marks or any other Roku Mark.

Not stated here

  • The document gives no test for when a name is confusingly similar.
Also annotated in the same passage (1)

Content & IP Rights · Restriction or exception

Roku Marks may not be combined with other marks into composites or mash-ups

You may not place a Roku Mark so close to your own or a third party's trademark that it creates a combination or composite mark, and you may not combine a Roku Mark with another trademark to make a telescoped mark or mash-up.

Details
What it does
Do not create combination, composite, telescoped or mash-up marks
What it covers
Roku Marks placed near or combined with other trademarks

Supporting quotations

NO USE OF IDENTICAL OR SIMILAR NAMES; NO COMBINATION MARKS
You may not use any Roku Mark in such proximity to any of your own trademarks or third party trademarks so as to create a combination or composite mark.
You may not combine any Roku Mark with your own or other third party trademark to create a telescoped mark or "mash-up" of the two (or more) marks.

Qualifications & exceptions

  • Covers proximity that creates a combination or composite mark.
  • Covers combining marks into a telescoped mark or "mash-up" of two or more marks.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Context

Roku keeps all rights in the marks, and use generates goodwill for Roku

The Guidelines give the reader no right, title or interest in the Roku Marks or Roku Design Marks except the right to use them in accordance with the written Roku agreement; the marks remain Roku's property and all goodwill from any use, whether or not under the agreement, belongs solely to Roku.

Details
Who
Roku, Inc.
What it covers
Ownership of the Roku Marks and Roku Design Marks and related goodwill
Exception
Right to use the marks in accordance with the written agreement

Supporting quotations

OWNERSHIP RIGHTS AND COOPERATION
Nothing herein gives to you any right, title or interest in any of the Roku Marks or Roku Design Marks, except the right to use such Roku Marks or Roku Design Marks solely in accordance with the terms of your written agreement with Roku.
The Roku Marks and the Roku Design Marks are the sole property of Roku; and any and all uses by you of the same, and all goodwill derived therefrom, whether or not done pursuant to the written agreement, will inure solely to the benefit of Roku.

Qualifications & exceptions

  • The only granted right is use consistent with the written agreement with Roku.
  • Goodwill accrues to Roku even for use not made under the agreement.
Also annotated in the same passage (1)

Legal Rights & Agreement Rules · Procedure

At Roku's request you must provide specimens and sign documents protecting the marks

At Roku's request and reasonable expense, the reader must give Roku specimens and execute the documents, and take the acts, reasonably necessary to protect and confirm Roku's rights in the Roku Marks and Roku Design Marks.

Details
Who
You (the party using Roku marks)
What it does
Provide specimens and execute documents
Condition
At Roku's request and reasonable expense

Supporting quotations

At Roku's request and reasonable expense, you must provide Roku with any specimens and execute all documents necessary to protect and confirm Roku's rights to the Roku Marks and the Roku Design Marks and any act reasonably necessary for Roku to secure or maintain rights to the same.

Qualifications & exceptions

  • Triggered by Roku's request and at Roku's reasonable expense.
Also annotated in the same passage (1)

Content & IP Rights · Restriction or exception

Four prohibitions: harming the marks, contradicting Roku's ownership, challenging it, registering it

The reader must not do anything that might harm the reputation or goodwill of the Roku Marks or Roku Design Marks, act inconsistently with Roku's ownership, challenge or raise questions about Roku's rights or interests, or attempt to register the marks.

Details
Who
You (the party using Roku marks)
What it does
Refrain from harm, inconsistent action, challenges and registration attempts
What it covers
The Roku Marks and Roku Design Marks

Supporting quotations

NO REGISTRATION OF MARK OR OBJECTIONS TO VALIDITY
You must not (a) do anything that might harm the reputation or goodwill of the Roku Marks or the Roku Design Marks; (b) take any action inconsistent with Roku's ownership of the same; (c) challenge, raise, or cause to be raised any questions concerning Roku's rights or interests in the same; or (d) attempt to register the same.

Qualifications & exceptions

  • Four listed prohibitions (a) to (d).
  • (c) reaches causing questions to be raised, not only raising them personally.