Tampering with the logos of evil
August 8, 2010 4:42 PM Subscribe
What are the legal ramifications for my small business (US) if I redesign logos of huge war profiteering multinationals and put them on my own commercial products for comical effect?
In every case, it would be obvious that a) this is not the actual logo of [company] (i.e. it's been tampered with), but also b) that it's meant to resemble the logo of [company] (e.g. colors, fonts are similar).
Am I likely to be sued out of existence?
In every case, it would be obvious that a) this is not the actual logo of [company] (i.e. it's been tampered with), but also b) that it's meant to resemble the logo of [company] (e.g. colors, fonts are similar).
Am I likely to be sued out of existence?
You don't sayy where you are, and this is a matter of national law. Under the assumption that you're an American, then the answer is:
You could be sued. It would depend on just how similar your perverted versions of the trademarks are.
Trademark law is a lot different than copyright. The main principle is "dilution", the possibility that someone may be confused by your version of the trademark into thinking that it's the real one, such that they may decide to buy your product because of it. If the courts think there's a significant chance of that, then you could owe big damages as a result. (The plaintiff doesn't have to demonstrate that it has actually happened, only that it is likely.)
Like all intellectual property law, trademark law is complicated and arcane and the playing field is strewn with landmines.. If you really are concerned, you need to consult a lawyer who specializes in IP law.
posted by Chocolate Pickle at 4:59 PM on August 8, 2010
You could be sued. It would depend on just how similar your perverted versions of the trademarks are.
Trademark law is a lot different than copyright. The main principle is "dilution", the possibility that someone may be confused by your version of the trademark into thinking that it's the real one, such that they may decide to buy your product because of it. If the courts think there's a significant chance of that, then you could owe big damages as a result. (The plaintiff doesn't have to demonstrate that it has actually happened, only that it is likely.)
Like all intellectual property law, trademark law is complicated and arcane and the playing field is strewn with landmines.. If you really are concerned, you need to consult a lawyer who specializes in IP law.
posted by Chocolate Pickle at 4:59 PM on August 8, 2010
IANA(Y)L but I would discuss this with IAYL if you are spending much money on this product(s) or you expect this to be an ongoing business enterprise. . There are fair use standards for satire and parody as they apply to logos but I have no idea how that applies to a product that is going to be sold on an ongoing commercial basis. Are you incorporated or is this a sole proprietorship . Of course you can be sued--more likely warned/enjoined--I don't know about out of existence. It depends on how much existence you have and how much you irritate or threaten the business practices of the companies whose logos you use. I would guess if you are successful in your enterprise and pair your product with the companies "war profiteering" you can plan on having some difficulty. I would not invest much time or money in this with out consulting an attorney.
posted by rmhsinc at 5:04 PM on August 8, 2010
posted by rmhsinc at 5:04 PM on August 8, 2010
"The First Amendment protects satire and parody as a form of free speech and expression."
IANAL. As others have mentioned, law suits are easy to file even if they're not easy to win. But there's a fair amount of precedent around what you're talking about, and it's likely you would get a "cease and desist" letter before you were actually sued.
posted by nadise at 5:05 PM on August 8, 2010
IANAL. As others have mentioned, law suits are easy to file even if they're not easy to win. But there's a fair amount of precedent around what you're talking about, and it's likely you would get a "cease and desist" letter before you were actually sued.
posted by nadise at 5:05 PM on August 8, 2010
Starbucks sued and won. Here's the graphic. The court found that the artist had the right to make parodies, but did not have the right to make money from the parodies.
From the artist: "May 26, 2000 was the initial hearing date for Starbucks v. Dwyer, Case no. C 00 1499 MMC. U.S. District Judge Maxine Chesney ruled in my favor on the copyright- and trademark-infringement claims, indicating that she found my logo to be a clear parody (she even called it “pretty clever”) and refuting Starbucks’ contention that consumers were likely to be confused or deceived by it. She found in the coffee corp’s favor on the issue of trademark tarnishment or dilution, mostly because of the commercial use. Her final injunction order prohibits me from selling anything with the parody logo or using it to promote any other goods or services for sale."
posted by Houstonian at 5:13 PM on August 8, 2010
From the artist: "May 26, 2000 was the initial hearing date for Starbucks v. Dwyer, Case no. C 00 1499 MMC. U.S. District Judge Maxine Chesney ruled in my favor on the copyright- and trademark-infringement claims, indicating that she found my logo to be a clear parody (she even called it “pretty clever”) and refuting Starbucks’ contention that consumers were likely to be confused or deceived by it. She found in the coffee corp’s favor on the issue of trademark tarnishment or dilution, mostly because of the commercial use. Her final injunction order prohibits me from selling anything with the parody logo or using it to promote any other goods or services for sale."
posted by Houstonian at 5:13 PM on August 8, 2010
I was just coming here to post about that Starbucks case. As a practical matter, certain companies can and do sue when a parody of their logo is published, particularly if it's promoting merchandise or whatever. I work for a law firm that does a fair amount of this kind of IP work, which ranges from rounding up counterfeit merchandise around sporting events to sending nastygrams to folks who make these kinds of parodies. Certainly a lot of these companies take these kinds of things very seriously.
posted by monju_bosatsu at 5:32 PM on August 8, 2010
posted by monju_bosatsu at 5:32 PM on August 8, 2010
This thread is closed to new comments.
posted by kjs3 at 4:53 PM on August 8, 2010