Guidelines for Usage of Intellectual Property for Individual and Group Projects: Effective February 11, 2024 - The Brotherhood of Submariner Homages [BSH]

BROTHERHOOD OF SUBMARINER HOMAGES

Guidelines for Usage of Intellectual Property for Individual and Group Projects

Effective: February 11, 2024

A) INTRODUCTION AND STATEMENT OF PURPOSE:

The concept of the brotherhood emerged when the threads entitled “The Best Submariner Homage” on watchuseek.com (started by Fullers1846) was referred to as a brotherhood by KIGER. The concept was adopted by Fullers1846 who coined the name Brotherhood of Submariner Homages. This name, Brotherhood of Submariner Homages (BSH), became the title of numerous threads on watchuseek.com. These threads are the genesis of today’s bsh.zone.

The BSH logo was created by FMadrid for the first BSH dial. As the successor to these creations, the bsh.zone now has the full and exclusive rights for the use of the aforesaid name and logo in the bsh.zone. The name and logo are the hallmarks of the bsh.zone and are integral to its identity . It follows that the bsh.zone wishes to protect the usage of the name and logo in order to protect its identity to the fullest extent possible which has prompted the establishment of these guidelines for such goal. The bsh.zone is committed to use the name and logo consistent with the intents and purposes for which they were conceived, while paying tribute to the legacy of the “Submariner” watch.

In addition to the above, the bsh.zone wishes to protect its own name.

B) THE BSH.ZONE INTELLECTUAL PROPERTY:

In recognition of the need to protect its identity through the protection of its intellectual property, the bsh.zone has designated one or more of its members as guardians and administrators (the “Guardian” or “Guardians”) of the use of its intellectual property which is more fully defined below.

For the purposes of these guidelines the intellectual property includes the following:

1. The name bsh.zone and any iterations or variations thereof (the “Zone Name”) such as bsh-zone, bsh zone and bshzone.

2. The name Brotherhood of Submariner Homages and translations thereof into other languages (the “Brotherhood Name”);

3. The initials BSH (the “Initials”);

4. The logo comprising an anchor intertwined with the Initials as created by FMadrid and as shown in Figure1 below (the “Logo”); and

5. Any offshoot, derivation, interpretation or variation of the Logo.

Note: The bsh.zone recognizes the existence of various designs of variants of the Logo and that some of these may have intellectual property rights belonging to their designers. Examples of such variants of the Logo are shown in Figure2 below, and such examples do not represent the entirety of variants of the Logo in existence. It shall be incumbent upon those wishing to use previously produced variants of the Logo for the their intended individual or group projects in the bsh.zone to obtain approval from their designers.

6. Any one of, or any combination of, the Zone Name, the Brotherhood Name and the Initials in conjunction with the graphic of an anchor.

The items specified in 1 through 6 above shall be collectively referred to as the “Protected Elements”.

Figure 1:

Figure 2:

C) USAGE OF PROTECTED ELEMENTS IN THE BSH.ZONE:

Usage of Protected Elements in the bsh.zone includes their use on watches, dials, watch accessories, publications, and usage as graphics on clothing or other products or merchandise such as lighters, coffee cups/mugs, and hats to name a few.

Usage of Protected Elements in conjunction with Patented, Registered, Copyrighted or Trade Marked names or logos shall, in addition to the approval of the usage of Protected Elements, require the approval of the owner of such names or logos.

Protected Elements shall be presented in a pristine, distinct and uncluttered manner and shall stand on their own visually unencumbered by other shapes, logos, words or graphic elements. This requirement shall not be construed as preventing the co-location of Protected Elements along with Patented, Registered, Copyrighted or Trade Marked names or logos as permitted by the preceding paragraph.

Usage of Protected Elements in conjunction with the reuse of unique name and/or unique graphics specifically created and used in conjunction with a previous, BSH project shall be governed by the following:

1. Reuse of unique names and/or unique graphics previously used in a Group Project shall not be permitted for another Group Project nor for another Individual Project.

2. Reuse of unique names and/or unique graphics previously used in an Individual Project may be permitted for a new Group Project provided the project manager of the new Group Project obtains approval for the reuse from the individual who undertook the original project and provided such manager obtains approval from the Guardians for the use of any Protected Elements for the new Group Project.

3. Reuse of unique names and/or unique graphics previously used in an Individual Project may be permitted for a new Individual Project provided the individual undertaking the new project obtains approval for the reuse from the individual who undertook the original project and provided that the individual undertaking the new project obtains approval from the Guardians for the use of any Protected Elements for the new Individual Project.

The bsh.zone is keen on the usage of Protected Elements in a respectful manner and shall, in its sole discretion, reject any usage associated with undignified items and usage associated with demeaning, derogatory, hateful or discriminatory language or symbols.

D) REQUIREMENTS FOR SUBMITTING A REQUEST FOR THE USE OF PROTECTED ELEMENTS:

Definitions:

Individual Project: A project where the requestor is applying for the use of Protected Elements for the sole benefit of the requestor (and any family/friends) and where the number of items produced on which the Protected Elements appear is small.

Group Project: A project where the requestor(s) is one or more person acting as the project manager applying for the use of Protected Elements for the benefit of two or more individuals and where the number of items produced on which the Protected Elements appear is, at minimum, commensurate with the number of beneficiaries (project participants).

Requests shall be submitted to the Guardians according to the following requirements:

Requirements for Individual Projects and for Group Projects:

1. Submit a written request describing the intended project accompanied by an illustration/sketch/rendering showing how the Protected Elements will be used.

2. State whether the intended project will be using the Logo or a design that is a variation of the Logo. In the instance where the requestor wishes to use a design that is a variation of the Logo, the requestor must state whether such design is their design, and if not, that they have obtained permission from the designer.

3. Provide the number of items (by type) on which the Protected Elements would appear.

Additional Requirements for Group Projects:

1. Provide a plan for how funds needed for the project would be collected and disbursed and explain how and to whom project participants will make payment for the items they purchase.

2. Provide technical information about the project (e.g. dial size, case size, movement), cost, ordering method, production arrangements, projected delivery schedule and any such information deemed relevant to the success of project as determined by the Guardians.

NOTE 1: requests for the use of Protected Elements shall be approved on a one time project basis. A new request shall be required for the use of Protected Elements each time a requestor wishes to use such elements on a project. No open ended requests shall be approved.

NOTE 2: Approval or rejection decisions either by the Guardians and/or following an appeal to the bsh.zone Steering Committee are final. Failure to adhere to these guidelines or to respect a decision or instruction by the Guardians and/or the Steering Committee shall constitute a violation of the bsh.zone’s rules of conduct and may be sanctioned as such. The bsh.zone retains all rights to the Protected Elements and reserves the right to seek any and all legal or equitable remedies available to enforce these rights.

E) ROLE OF THE GUARDIAN(S):

Guardians are authorized to review and approve/reject requests for the use of Protected Elements for individual and group projects provided their use is in compliance with these guidelines.

Approval and rejection of requests for the use of Protected Elements for individual and group projects shall require the following vote by the Guardians:

When two (2) permanent Guardians are serving, two (2) votes shall be required to approve or reject such requests. In instances of a tie in the vote, the Captain shall be called upon to cast the deciding vote.
When three (3) permanent Guardians are serving, two (2) out of three (3) votes shall be required to approve or reject such requests. In instances where one (1) Guardian abstains from voting or is unable to vote and the other Guardians are tied in the vote, the Captain shall be called upon to cast the deciding vote.
Regardless of the number of Guardians serving, in instances where one (1) or more Guardians abstain from voting or are unable to vote and the Captain’s vote does not achieve the majority required above, then the vote shall be delayed until the abstaining Guardians change their stance or become able to vote. If a delay is not feasible, in the opinion of the Captain, the matter shall be referred to the bsh.zone Steering Committee for a final decision.

It is recognized that these guidelines are established to anticipate and address most types of requests. In instances where the guidelines are not sufficiently clear for the Guardians to make a decision on the use of Protected Elements, the Guardians may request the intervention of the bsh.zone Steering Committee for a final decision.

In instances where the Guardians reject a request for the use of Protected Elements and the applicant for such request is in disagreement with such rejection, then the Guardians shall refer the matter to the bsh.zone Steering Committee for a final decision while both presenting their reasoning for the rejection to the Steering Committee and allowing the rejected applicant an opportunity to appeal their case to said committee.

F) ABANDONMENT OF AGED INACTIVE REQUESTS FOR THE USE OF PROTECTED ELEMENTS:

In order to ameliorate the Guardians’ ability to manage the workload of requests on hand, the Guardians may abandon inactive requests for the use of Protected Elements after three (3) months of inactivity by the requestor provided that the requestor is:

Notified of such abandonment due to the inactivity and its length of time, and
Advised that the request may be resubmitted by the requestor at a future date.

The following text shall be used to accomplish the above:

Thank you for contacting the LogoGuardians to request the use of BSH intellectual property.
We are regrettably notifying you that your request will be filed away without further consideration due to its inactivity for a period exceeding three (3) months from your last reply. We welcome your resubmission of this request as a new request at a future date when you are ready to do so.

G) RECUSAL BY THE GUARDIANS:

A Guardian shall not grant themselves permission to use the Protected Elements. A Guardian wishing to use the Protected Elements must submit a formal request for permission in accordance with these guidelines and recuse him/herself from the process with regard to their request. In such cases, the request shall be submitted to the other disinterested Guardian(s) and the Captain for a decision in accordance with these guidelines. Record shall be kept of such recusal and all decisions associated with a Guardian’s application, as with any other request contemplated by these guidelines.