Discussion:
This is in the state of New Mexico.
I have a software product that I have developed and I would like make a news letter that references some other (competing) products.
Is it ok to use their logo in my publication for reference?
Specifically, I have a toilet that I would like to super impose the competitor logos on, as if they are floating in the toilet bowl.
The message would be that they can flush the others down the drain.
Any assistance appreciated!
Answer:
This is in the state of New Mexico.
I have a software product that I have developed and I would like make a news letter that references some other (competing) products.
Is it ok to use their logo in my publication for reference?
Specifically, I have a toilet that I would like to super impose the competitor logos on, as if they are floating in the toilet bowl.
The message would be that they can flush the others down the drain.
Any assistance appreciated! There are really two answers to the question "is it ok?" The first is the legal question, which really revolves around whether or not the use of the logo is a "fair use" under trademark law. Use of a trademark without permission is generally found to be a "fair use" when the "use" is "purely descriptive" -- in other words, it's not infringement to use the trademark "IBM" to describe an IBM computer.
Read here for more info:
In your case, you are not really using the logos in a descriptive manner, so fair use might not apply. In addition, this may be seen as "disparaging" the trademarks, which is also a violation of trademark law.
The second answer really revolves around this practical question -- even if this technically may be considered a "fair use," are you willing to hire a lawyer and defend yourself if you are sued for trademark infringement? "Fair use" is a defense to infringement, not a right you assert up front, so you need to consider what responses you might be willing to pursue if you were to get sued.
In any event, if you decide to go through with this, talk it over with your lawyer first.
Answer:
It does sound a little sticky with the toilet... this was my second plan:
There are a select few of these companies (approx. 5). If I wrote them an email asking for permission to use their logo in a newsletter (and left it at that), and they said "yes, you may use it" (and I know they will, because they want publicity), is the email a binding permission that I could use?
In the email I would not specify what I am using it for, other than a newsletter publication, which is not untrue. I am thinking a "less is more" situation, but before I do this, I want to make sure I am covered.
I was sued once over a Delorean automobile I had. It was one of the worst times in my life. The guy suing me was a millionaire and said he would spend 100 times the value of the car to make me suffer, and he did just that. Not something I want to repeat.
thanks!