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.
It is not okay for another company to come along and use the mouse ears on its own product as a way of gaining credibility or implying some association with the brand. This is diluting a trademark. It makes no difference if the product this company is advertising is totally unrelated to the mouse ear brand. Using the logo in any way is against the law.
Not every company can claim its trademarks qualify for this special status. They have to meet several markers. The most important one is fame. The logo and brand in question must have instant recognition with the general public. There are not exact requirements to meet the marker. Courts decide that on an individual basis.
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.
There are several ways trademarks can be diluted. Blurring happens when a company puts a logo on a product that has nothing in common with the original brand. It might be putting the iconic swoosh logo associated with athletic shoes on a can of paint. Although the two are unrelated, using the logo on the paint can has the potential of diluting the distinctive athletic shoe brand.
Trademarks can be diluted by tarnishment. This occurs when a company uses a logo on a product that adversely affects the image of the original brand. Putting the mouse ears on chewing tobacco packages is a good example. Freeriding is the act of usurping another's logo in order to confuse the public into thinking the two companies have some association.
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.
It is not okay for another company to come along and use the mouse ears on its own product as a way of gaining credibility or implying some association with the brand. This is diluting a trademark. It makes no difference if the product this company is advertising is totally unrelated to the mouse ear brand. Using the logo in any way is against the law.
Not every company can claim its trademarks qualify for this special status. They have to meet several markers. The most important one is fame. The logo and brand in question must have instant recognition with the general public. There are not exact requirements to meet the marker. Courts decide that on an individual basis.
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.
There are several ways trademarks can be diluted. Blurring happens when a company puts a logo on a product that has nothing in common with the original brand. It might be putting the iconic swoosh logo associated with athletic shoes on a can of paint. Although the two are unrelated, using the logo on the paint can has the potential of diluting the distinctive athletic shoe brand.
Trademarks can be diluted by tarnishment. This occurs when a company uses a logo on a product that adversely affects the image of the original brand. Putting the mouse ears on chewing tobacco packages is a good example. Freeriding is the act of usurping another's logo in order to confuse the public into thinking the two companies have some association.
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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