# NIGHTBOX LLC Trademark Policy **Effective:** 2026-05-08 **Owner:** NIGHTBOX LLC, a Wyoming Limited Liability Company (EIN 39-4373044, UEI UHCAB6UXXKF2) **Contact:** legal@nightboxllc.com / artem@nightboxllc.com --- ## 1. Marks Owned by NIGHTBOX LLC The following marks are claimed as common-law trademarks of NIGHTBOX LLC. Federal registration applications are anticipated. Until federal registration issues, the ™ designation is used; ® will be used only after USPTO registration certificates issue. | Mark | Type | First Use in Commerce | Goods/Services | |------|------|----------------------|----------------| | **NIGHTBOX™** | Word | 2025-09-15 | Biotech R&D, AI/ML/GPU software, gene therapy preparations | | **UNIGPU™** | Word | 2026-04-15 | Vendor-neutral GPU runtime software, parallel computing services | | **SILVERDUCK™** | Word | 2026-05-01 | AI agent software, local-first inference, encrypted cloud handoff services | | **КИБЕРКРЯ™ / KIBERKRYA™** | Word (Cyrillic + transliteration) | 2026-05-06 | Post-quantum cryptography software, encrypted communications | | **NB-R14B™** | Word | 2026-05-01 | Reasoning AI model | | **NB-VISION™** | Word | 2026-04-20 | Vision AI model | | **SDPC™** (SilverDuck Pipe Crypto) | Word | 2026-05-06 | Hybrid post-quantum encryption protocol | | **NIGHTBOX SHIELD™** | Word | 2026-04-15 | Federal-grade compute attestation suite | This list is not exhaustive. Any other word, phrase, logo, or product name first used in commerce by NIGHTBOX LLC and not abandoned remains an asserted mark of NIGHTBOX LLC. ## 2. Code License vs. Trademark License **Code is open source.** Most NIGHTBOX LLC software is released under permissive licenses — Apache License 2.0, MIT License, or both (dual). You may freely copy, modify, redistribute, and commercialize the **code** under those licenses. **Trademarks are not licensed by code licenses.** Apache 2.0 § 6 expressly states the license does **not** grant any right to use the licensor's trademarks. MIT License is silent on trademarks but courts have consistently held that an open-source code license does not transfer trademark rights. **What this means in practice:** ✅ **You may** fork the UniGPU code, modify it, and redistribute it under Apache 2.0. ❌ **You may not** call your fork "UniGPU" or any confusingly similar name. ✅ **You may** describe your fork as "based on UniGPU™ by NIGHTBOX LLC" (nominative fair use). ❌ **You may not** market your product, service, or company using the NIGHTBOX, UNIGPU, SILVERDUCK, or KIBERKRYA marks. ## 3. Permitted Uses (Nominative Fair Use) You may refer to NIGHTBOX LLC marks **without permission** when: 1. The reference is necessary to identify the underlying product or service (e.g., "compatible with UniGPU™", "fork of SilverDuck™", "uses the SDPC™ protocol"). 2. You use only as much of the mark as is reasonably necessary. 3. You do not suggest sponsorship, endorsement, or affiliation with NIGHTBOX LLC. 4. You include the ™ designation on first prominent reference. 5. You attribute clearly: "UNIGPU is a trademark of NIGHTBOX LLC." ## 4. Prohibited Uses You **may not**, without prior written permission from NIGHTBOX LLC: - Use any NIGHTBOX LLC mark as the name of your product, service, company, organization, project, package, or domain. - Use any NIGHTBOX LLC mark in a way that suggests sponsorship, affiliation, or endorsement. - Use any NIGHTBOX LLC mark in a domain name, subdomain, or URL path in a way that creates user confusion as to source. - Use any mark confusingly similar to a NIGHTBOX LLC mark — including phonetic equivalents, translations, transliterations, plurals, possessives, or compound forms. - Modify, deface, or display any NIGHTBOX LLC logo, wordmark, or design mark in any way that misrepresents the integrity or origin of the mark. ## 5. Branded Forks and Derivative Distributions If you publicly distribute a fork or derivative of NIGHTBOX LLC software, you must: 1. **Rename it.** Choose a name that is not confusingly similar to any NIGHTBOX LLC mark. 2. **Attribute clearly.** State that your project is "derived from" or "based on" the original, and link to the upstream repository. Example: "MyForkName, derived from UniGPU™ by NIGHTBOX LLC (https://github.com/nightbox-llc/unigpu)." 3. **Remove our marks from your distribution branding.** Logos, splash screens, package names, and CLI banners that carry our marks must be replaced or removed. 4. **You may keep our marks in code comments, documentation, attribution files, and license texts** as long as they refer to the original work. ## 6. Federal Use / Government Permitted Use When the United States Government or any federal contractor uses NIGHTBOX LLC software under a federal contract, grant, or other transaction agreement (OTA): - The Government's standard rights in technical data and computer software (per applicable FAR / DFARS clauses, including FAR 27.404-1, DFARS 252.227-7013, DFARS 252.227-7014) attach to the **software**. - Trademark rights remain with NIGHTBOX LLC. - Federal use of the marks for the purpose of identifying, deploying, documenting, evaluating, or describing NIGHTBOX LLC software in the course of federal performance is granted as nominative fair use. - Federal users do not need to seek permission for in-scope use; this paragraph constitutes a standing limited license. ## 7. Enforcement NIGHTBOX LLC reserves all rights to its marks under United States and international trademark law. NIGHTBOX LLC will pursue infringement claims selectively but consistently against: - Knock-off or confusingly named commercial competitors. - Squatters who register confusingly similar domains, package names, or marks. - Bad-faith use that could mislead end users about source or origin. - Dilution of distinctive marks in commerce. NIGHTBOX LLC does **not** intend to enforce against: - Personal, hobbyist, or educational nominative fair use. - Press, scholarly, and academic discussion. - Bona-fide derivative projects that follow Section 5 above. - In-scope federal use under Section 6. ## 8. Reporting Misuse / Requesting Permission To report trademark misuse: legal@nightboxllc.com To request a written trademark license: legal@nightboxllc.com To request brand assets / logo usage: legal@nightboxllc.com Response window: 5 business days for routine inquiries; 24 hours for active enforcement matters. ## 9. Updates to This Policy This policy may be revised. The current version is published at: - https://nightboxllc.com/LICENSE-TRADEMARK - https://nightboxllc.com/.well-known/trademark-policy.json Material changes will be announced in the NIGHTBOX LLC blog feed (https://nightboxllc.com/feed.xml) and via federal POC (https://nightboxllc.com/.well-known/fed-poc.json). --- *NIGHTBOX™, UNIGPU™, SILVERDUCK™, КИБЕРКРЯ™, KIBERKRYA™, NB-R14B™, NB-VISION™, SDPC™, and NIGHTBOX SHIELD™ are trademarks of NIGHTBOX LLC. All other marks are property of their respective owners.*