We encourage the material we produce to be shared and used for its intended purpose. Occasionally we are asked whether it would be OK to use various Hypersomnolence Australia or Idiopathic Hypersomnia Awareness Week® materials eg: designs, posters, images or memes, particularly during the annual worldwide Idiopathic Hypersomnia Awareness Week. The issues surrounding copyright and trademark can be confusing so we have attempted to explain things here. We hope that it answers your questions however if you are still not clear or if you have any further questions please do not hesitate to contact us.

 

What’s the difference between copyright and trademark?

Copyright protects certain types of original expression, such as literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software and Web sites. Examples of Hypersomnolence Australia and Idiopathic Hypersomnia Awareness Week® material subject to copyright protection include: photographs; posters, memes, Facebook page text; Hypersomnolence Australia website text, the Hypersomnolence Australia and Idiopathic Hypersomnia Awareness Week® logos, and the annual themed Idiopathic Hypersomnia Awareness Week® artwork. Generally speaking, unless a legal exception applies, you need permission from the copyright owner if you want to use, reproduce, adapt, distribute, perform or display work that is protected by copyright.
 

A trademark is a word, phrase, symbol or design, or combination of them that identifies and distinguishes the source of the goods and services of one organisation’s goods and services from those of others. The purpose of a Trademark and Trademark law is to prevent consumer confusion so that the consumer can be confident that when buying or utilising a product or service bearing a particular Trademark that product or service is actually being provided by the owner of that Trademark. Trademark laws prohibit the unauthorised use of Trademarks; they also expect Trademark owners to protect their mark from misuse. It is therefore important and expected that Hypersomnolence Australia and the Idiopathic Hypersomnia Awareness Week® protect its Trademarks to preserve their integrity and brand identity.

 

Usage in general

As stated above, Hypersomnolence Australia and the Idiopathic Hypersomnia Awareness Week encourages individuals to share the work we produce providing the material is not edited, or otherwise changed from its original form and that it is not used in an inappropriate manner, in a way contrary to its purpose or in a way that is likely to cause confusion to its source. This means that if the material has either the HYPERSOMNOLENCE AUSTRALIA® or IDIOPATHIC HYPERSOMNIA AWARENESS WEEK® logo or mark it cannot be removed or otherwise obscured.
 

You cannot manufacture or sell your own merchandise or material with either Hypersomnolence Australia or Idiopathic Hypersomnia Awareness Week trademarks, nor can you produce or distribute Hypersomnolence Australia or Idiopathic Hypersomnia Awareness Week® material or products in any way that confuses the public as to their source.
 

 

IDIOPATHIC HYPERSOMNIA AWARENESS WEEK® and HYPERSOMNOLENCE AUSTRALIA® Trademarks
HYPERSOMNOLENCE AUSTRALIA® and IDIOPATHIC HYPERSOMNIA AWARENESS WEEK® are the registered trademarks of Michelle Chadwick (Director and Founder of Hypersomnolence Australia and the Idiopathic Hypersomnia Awareness Week). It is the mission of the Idiopathic Hypersomnia Awareness Week® to raise awareness and to help improve the level of education of Idiopathic Hypersomnia among the general public, hypersomnia patients and medical professionals. Idiopathic Hypersomnia Awareness Week® is hosted by Hypersomnolence Australia and actively encourages other organisations to join in this effort. After all, we have similar goals and we champion this cause for the same reasons. We believe the key to success is a unified voice under one banner.

 

For that reason, IDIOPATHIC HYPERSOMNIA AWARENESS WEEK® has been registered as an official Trademark. We are hopeful that other organisations and individuals will use this term for appropriate awareness initiatives. Those wishing to do so, however, are asked to respect the usage guidelines that have been established:
 

Trademark and Copyright Usage Guidelines

• Images, posters and memes baring the HYPERSOMNOLENCE AUSTRALIA® and IDIOPATHIC HYPERSOMNIA AWARENESS WEEK® logo or mark can be shared and used by individuals for social media posts, cover photos, profile pictures and in personal blogs to promote awareness providing they are not edited or otherwise changed from their original form and that they are not used in an inappropriate manner or in a way contrary to their purpose. They must also not cause confusion as to the source or owner of the Hypersomnolence Australia® and Idiopathic Hypersomnia Awareness Week® Trademarks. The original source must be easily identifiable or credited. This extends to all the material found on the Hypersomnolence Australia website and social media.
   

• Individuals may share written work (eg: blog posts) produced by Hypersomnolence Australia for the Idiopathic Hypersomnia Awareness Week® providing it is not edited or otherwise changed from its original form and that it is not used in an inappropriate manner or in a way contrary to its purpose. It must also not cause confusion as to the source or owner of the Idiopathic Hypersomnia Awareness Week® Trademark. The original source must be easily identifiable or credited. This extends to all the material found on the Hypersomnolence Australia website and social media.
   

• Trademark law prohibits the use of the HYPERSOMNOLENCE AUSTRALIA® and IDIOPATHIC HYPERSOMNIA AWARENESS WEEK® mark in a manner likely to cause confusion as to the source of goods or services or which may indicate sponsorship, affiliation or an endorsement. Therefore, we do not permit organisations and groups to use the Idiopathic Hypersomnia Awareness Week® mark, logo, or other images. This includes as profile pics or in social media posts in groups or on business pages without prior permission. 
   

• Organisations and groups are permitted to share images, posters, memes and other written materials (eg: blog posts) produced for the Idiopathic Hypersomnia Awareness Week® providing they are not edited or otherwise changed from their original form and that they are not used in an inappropriate manner or in a way contrary to their purpose or in a way that is likely to cause confusion as to the source. This means that unless prior approval has been granted organisations are not permitted to add or incorporate their own brand, logo or mark with the IDIOPATHIC HYPERSOMNIA AWARENESS WEEK® logo or mark. When sharing materials or work produced for the Idiopathic Hypersomnia Awareness Week® please ensure the original source is easily identifiable or credited.
   

• Organisations and groups are also permitted to share other images, posters, memes and other written materials (eg: blog posts) on Hypersomnolence Australia’s website and social media providing they are not edited or otherwise changed from their original form and that they are not used in an inappropriate manner, in a way contrary to their purpose or in a way that is likely to cause confusion as to the source. This means that unless prior approval has been granted organisations and groups are not permitted to add or incorporate their own brand, logo or mark with the HYPERSOMNOLENCE AUSTRALIA® logo or mark.  When sharing content from the Hypersomnolence Australia website or social media please ensure the original source is easily identifiable or credited.
   

• Where possible please share all images and materials including written posts directly from their original source eg: the Hypersomnolence Australia website or social media. In all instances where this is not possible please include the following attribution statement “Reproduced from the Hypersomnolence Australia website or social media.”
   

• Do not use or portray the HYPERSOMNOLENCE AUSTRALIA® or IDIOPATHIC HYPERSOMNIA AWARENESS WEEK® Trademark in a manner that jeopardises the goodwill, reputation or image of the Trademark or of Hypersomnolence Australia and the Idiopathic Hypersomnia Awareness Week®.
   

• Individuals, groups or organisations who would like to hold an appropriate awareness week event are required to request permission to use the IDIOPATHIC HYPERSOMNIA AWARENESS WEEK® Trademark for your event. You can do this by completing this form. 
   

If you do use the HYPERSOMNOLENCE AUSTRALIA® or IDIOPATHIC HYPERSOMNIA AWARENESS WEEK® Trademark and associated materials in connection with an appropriate awareness initiative or event, you also understand and agree to the following:
 

• Whenever possible please include the following statement in your materials: “IDIOPATHIC HYPERSOMNIA AWARENESS WEEK® is the registered trademark of Michelle Chadwick and is used here under license.”
   

• Your use of the IDIOPATHIC HYPERSOMNIA AWARENESS WEEK® and HYPERSOMNOLENCE AUSTRALIA® Trademarks do not create in your favour any right, title or interest in or to either Trademark. You assert, and in the future will assert, no claim to any goodwill, reputation or ownership of either Trademark by virtue of your use of either Trademark, or for any other reason.
   

• You agree to defend, indemnify, and hold Michelle Chadwick and those associated with the Idiopathic Hypersomnia Awareness Week® and Hypersomnolence Australia® and its directors, officers, employees, volunteers, agents, successors, designees and assigns harmless, from and against any loss, expense (including reasonable attorney fees and costs), or damage occasioned by any claim, demand, suit, recovery, or settlement arising out of or in connection with your use or misuse of the IDIOPATHIC HYPERSOMNIA AWARENESS WEEK® and HYPERSOMNOLENCE AUSTRALIA® Trademarks and the content we create or the images and content for which you supply.
   

• I may require you to cease your use of either Trademark at any time, for any reason.

 

When in doubt about permissions or appropriate usage of the trademarks, please contact me at ihaweek@gmail.com

We encourage you to get involved! Visit the Idiopathic Hypersomnia Awareness Week Facebook page or the page dedicated to Awareness Week on the Hypersomnolence Australia website to discover ideas and tools on how you can raise awareness. If you have an idea or you would like to be involved whether it is by hosting an event, or perhaps you have a skill the Idiopathic Hypersomnia Awareness Week organising committee could use we would love to hear from you! You can email us at ihaweek@gmail.com. 
 

Michelle Chadwick 
Director 
HYPERSOMNOLENCE AUSTRALIA® 
Project Manager 
IDIOPATHIC HYPERSOMNIA AWARENESS WEEK®