There are people who would never dream of stealing a car or robbing a bank, yet when it comes to someone else's art, don't have any qualms about using it for their own purposes. They take photos, drawings, music, and corporate logos without thought. The internet has made this easier than ever to do. At the very least this is an infringement of copyright law. In the case of famous brands, it can be considered trademark dilution, and subject to serious penalties.
There are logos people around the world instantly recognize and associate with a particular company alone. Corporations have huge budgets set aside to maintain and enhance their brand identity. The logos not only represents a specific product, or conglomeration of products, they often evoke specific feelings in consumers. The silhouette of an iconic mouse's head with the artist's signature below for example, represents family values, vacation destinations, and quality for most.
If another company puts that logo on its own product in an attempt to associate itself in some way, or to gain credibility with its use, they are diluting the company's trademark. It won't matter that the product in question doesn't compete with theme parks or movies, just the use is enough to break the law. Most of the logos that fall into this category are instantly recognizable globally.
Not all companies qualify for this special designation. If a suit is brought the company will have to prove the significance of diluting their logo. One marker is fame. To prove the suit, the logo has be one that is immediately recognized by the general public.
The company has to prove that the brand was instantly recognizable at the time of the offense. For instance, if the logo was more well known several years before the incident that brought the suit, courts will judge it differently than if it was more famous at the time of the offense. The company only has to show that the possibility of diluting the brand exists, not the fact that there was any actual injury.
Trademarks can be diluted in a number of ways. They can be blurred. This happens when a company uses another company's logo on a product that is in no way related to the original brand. An example would be the famous swoosh on running shoes being placed on paint cans for sale. Just the fact that the manufacturer used the swoosh is enough to potentially blur the distinctiveness of the running shoe brand.
Tarnishment occurs when a party uses a famous logo in a way that damages the brand of the original product. Putting the famous mouse head on packaging for tobacco would be an example of tarnishing. Freeriding is when someone intentionally takes a famous logo and uses it on a competing product to confuse the consumer and generate business by associating itself with the original company.
Millions of dollars are spent each year to enhance and protect brands. Conglomerates don't appreciate anyone tampering with theirs. They will sue, and they usually win.
There are logos people around the world instantly recognize and associate with a particular company alone. Corporations have huge budgets set aside to maintain and enhance their brand identity. The logos not only represents a specific product, or conglomeration of products, they often evoke specific feelings in consumers. The silhouette of an iconic mouse's head with the artist's signature below for example, represents family values, vacation destinations, and quality for most.
If another company puts that logo on its own product in an attempt to associate itself in some way, or to gain credibility with its use, they are diluting the company's trademark. It won't matter that the product in question doesn't compete with theme parks or movies, just the use is enough to break the law. Most of the logos that fall into this category are instantly recognizable globally.
Not all companies qualify for this special designation. If a suit is brought the company will have to prove the significance of diluting their logo. One marker is fame. To prove the suit, the logo has be one that is immediately recognized by the general public.
The company has to prove that the brand was instantly recognizable at the time of the offense. For instance, if the logo was more well known several years before the incident that brought the suit, courts will judge it differently than if it was more famous at the time of the offense. The company only has to show that the possibility of diluting the brand exists, not the fact that there was any actual injury.
Trademarks can be diluted in a number of ways. They can be blurred. This happens when a company uses another company's logo on a product that is in no way related to the original brand. An example would be the famous swoosh on running shoes being placed on paint cans for sale. Just the fact that the manufacturer used the swoosh is enough to potentially blur the distinctiveness of the running shoe brand.
Tarnishment occurs when a party uses a famous logo in a way that damages the brand of the original product. Putting the famous mouse head on packaging for tobacco would be an example of tarnishing. Freeriding is when someone intentionally takes a famous logo and uses it on a competing product to confuse the consumer and generate business by associating itself with the original company.
Millions of dollars are spent each year to enhance and protect brands. Conglomerates don't appreciate anyone tampering with theirs. They will sue, and they usually win.
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