What is fair use of logo?
Yes. A logo that includes artistic or design elements, (i.e. not just the name on its own), is legally regarded as being a work of artistic creation and therefore will be protected under copyright law. Copyright protects the logo as an artistic work.
Does fair use apply to trademark?
The fair use doctrine, consistent with the First Amendment, allows a person to use another’s trademark either in its non-trademark, descriptive sense to describe the user’s own products (classic, or descriptive, fair use) or in its trademark sense to refer to the trademark owner or its product (nominative fair use).
Can you use a trademarked logo?
The short answer is that you can use a trademark belonging to another person or company if you use the mark for: informational or editorial purposes to identify specific products and services, or. if your use is part of an accurate comparative product statement.
How close can a logo be and not be a copyright infringement?
The Myth of the 30% Rule and Things to Consider According to internet lore, if you change 30% of a copyrighted work, it is no longer infringement and you can use it however you want.
Can you use a logo without a trademark?
By simply having a logo, you have what’s known as a common law trademark for your logo. That means that, without doing anything paperwork-wise, you have the sole legal right to use and amend that logo as you see fit. But without an officially registered trademark, that right isn’t as secure as it could be.
Can I sell something with a logo on it?
The only way to legally sell items with a trademark that you do not own is to obtain a license from the trademark owner. Trademarks are valuable property rights and are vigorously protected by their owners in most cases — even against a small, localized business.
Do logos fall under fair use?
The United States trademark law as stated in the Lanham Act allows a non-owner of a registered trademark to make “fair use” of it without permission. Fair use includes using a logo in editorial content, among other situations. Logos don’t even need to be registered as trademarks to be protected under current law.
How do I get around the logo infringement?
Steps to Avoid Accidental Trademark Infringement
- Do your research. Before you settle on a name, logo, or domain name, make sure it is not already trademarked.
- Enlist help.
- Consider general liability insurance.
- Register your trademark.
Can I use a logo for personal use?
A person or company should never use a trademark or logo without written permission from its owner. To get permission and avoid trademark infringement, write a letter to the trademark owner. More than that, trademarked companies often have resale policies for their products.