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Copyright & trademark Infringement

  • 24-09-2006 08:44PM
    #1
    Seth Brundle
    Moderators, Politics Moderators Posts: 42,306 Mod ✭✭✭✭


    To use a company's logo without permission is infringing on their copyright. However, what is the legal situation regarding using a photo of the logo?
    Do I need permission to use an photo of a logo?


Comments

  • #2
    Pines
    Registered Users, Registered Users 2 Posts: 225 ✭✭Pines


    kbannon wrote:
    To use a company's logo without permission is infringing on their copyright.

    Copyright is a bit of a red herring here. While a photo of a logo may well infringe copyright in the artwork underlying the logo, it's more of a trademark issue.

    Usually, the main problem is trademark infringement. Most companies will have a registered trademark which can be enforced against another party using it "in the course of trade". So the first question would be how it is being used. Journalistic photos of a product which show the logo may not be using the logo "in the course of trade", but a photo of the logo on the front of a catalogue probably is.

    There can be an issue of passing-off even if the logo isn't registered as a trade mark. This might occur when there is some representation (i.e. use of the photo) made in the course of trade which is likely to confuse or deceive customers into making an incorrect association.

    On a related note, Eddie Irvine successfully took action against his photo being used to promote a product which he hadn't endorsed. It's possible to imagine similar scenarios where a company's logo (or a photo of it) is used to imply an endorsement by that company of a service or product offered by another. Now companies don't necessarily have image rights like celebrities but they can object to misleading use of their trademarks.
    kbannon wrote:
    However, what is the legal situation regarding using a photo of the logo? Do I need permission to use an photo of a logo?

    Using a photo of the logo isn't all that different from using the logo itself... a good enough photo is surely indistinguishable?


  • #3
    padser
    Registered Users, Registered Users 2 Posts: 2,375 ✭✭✭padser


    No difference whatsoever between using a photo of a logo and using the logo itself.

    As pines has correctly stated although you could argue that technically the artwork in a trademark has been infringed the issue would primarily be a trademark one.

    You will have to be slightly more specific on the nature of the use of the trademark as there are some exceptions however the basic priniciple is simple. The owner of a trademark owns the use of that trademark completely. You may be able to get away with using it if you are describing his product (EG a corner shop producing a catologue of what they sell and putting a picture of a Coca Cola Bottle complete with logo in the catalogue to show they sell Coca Cola) but other then that its the owners to do with as they please.

    If you are more specific on the situation in question a more detailedd answer can be given


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