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green-button / green-button.github.io

Prototype testing site for www.archive.greenbuttondata.org
http://green-button.github.io/
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The website repeatedly uses Trademarks of the Department of Energy and Department of Health and Human Services, but does not acknowledge the existence of the mark. #62

Open dfcoffin opened 9 years ago

dfcoffin commented 9 years ago

Examples of the violations:

1) The Green Button logo is based on USPTO Serial Number 85208187 image "Color is not claimed as a feature of the mark. The mark consists of a button design with an arrow pointing down to an open rectangle representing a computer."

2) The word mark "GREENBUTTON CONNECT MY DATA" (USPTO Serial number 85860088 registered Dec 3, 2013) is registered to the U.S. Department of Energy

3) The word mark "GREENBUTTON DOWNLOAD MY DATA" (USPTO Serial number 85860072 registered Dec 3, 2013) is registered to the U.S. Department of Energy

4) The word mark "DOWNLOAD MY DATA" (USPTO Serial number 85207644 registered July 11, 2012) was registered to the Department of Veterans Affairs and then transferred to the Department of Health and Human Services. Since the claim is for information in the field of medicine, the usage of the term for energy usage information is very likely NOT a mark violation IMHO.

jateeter commented 9 years ago

Does this mean that all occurences of "Green Button Download My Data" and "Download My Data" be changed do "GREENBUTTON DOWNLOAD MY DATA(tm)" throughout all documentation, on this web site and others (i.e. services.greenbuttondata.org, openei.org, ....) (and a new collection of gb graphics generated that has the (tm) on it?

dfcoffin commented 9 years ago

I'll defer to the DOE for clarification, but the issue can probably be resolved by adding an acknowledgement of trademark ownership in the footer of the affected websites.

dfcoffin commented 9 years ago

The following webpage provides guidelines for use of the various Blue Button registered marks and describes where and how often they need to be acknowledged. Since "Download My Data" is a registered trademark of the Blue Button it's an excellent guide as to what should be done to close this issue on the greenbuttondata.org web site.

http://healthit.gov/patients-families/blue-button/blue-button-image