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.
Some brands are so famous all the public has to see is a logo, and they immediately recognize the company behind it. Conglomerates spend huge amounts of money to make sure that recognition remains in place. Most of the time the logo also evokes the image the company wants to present to the general public. The famous silhouette of huge mouse ears represents a brand associated with family values, quality, vacation destinations, and fun for instance.
If some other company takes the same logo to use it on it's product, as a way of associating itself with the other company or to gain credibility, that act potentially dilutes the original company's trademark. It doesn't matter than the company that usurped the logo is not in any competition with the original company. Using the logo is sufficient to break the law.
There are markers companies have to meet in order to prove that their brand has been diluted. One of them is fame. To win a lawsuit, the logo in question must be widely recognized by the general public. There are no specific requirements to meet this marker. Courts judge this on a case by case basis.
Not only does a logo have to be instantly recognizable, it must have had that level of fame at the time of the offense. For example, if the logo was relevant at one time, but less so when the incident occurred, the courts may rule that the trademark is no longer famous enough to warrant bringing the suit. It is not necessary for a company to prove it was actually harmed by the dilution. The fact that is occurred is enough to win the lawsuit.
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 happens when a company usurps a logo and uses it in such a way that it tarnishes the reputation of the original brand. Putting the mouse head silhouette on a pack of cigarettes is an example of tarnishment. Freeriding occurs when a company intentionally lifts a logo and uses it to market a competing product. This is done to confuse consumers and generate an undeserved reputation by association.
Conglomerates spend millions perfecting their brands. They don't take kindly to people stealing them. They can, and do, go to court and win.
Some brands are so famous all the public has to see is a logo, and they immediately recognize the company behind it. Conglomerates spend huge amounts of money to make sure that recognition remains in place. Most of the time the logo also evokes the image the company wants to present to the general public. The famous silhouette of huge mouse ears represents a brand associated with family values, quality, vacation destinations, and fun for instance.
If some other company takes the same logo to use it on it's product, as a way of associating itself with the other company or to gain credibility, that act potentially dilutes the original company's trademark. It doesn't matter than the company that usurped the logo is not in any competition with the original company. Using the logo is sufficient to break the law.
There are markers companies have to meet in order to prove that their brand has been diluted. One of them is fame. To win a lawsuit, the logo in question must be widely recognized by the general public. There are no specific requirements to meet this marker. Courts judge this on a case by case basis.
Not only does a logo have to be instantly recognizable, it must have had that level of fame at the time of the offense. For example, if the logo was relevant at one time, but less so when the incident occurred, the courts may rule that the trademark is no longer famous enough to warrant bringing the suit. It is not necessary for a company to prove it was actually harmed by the dilution. The fact that is occurred is enough to win the lawsuit.
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 happens when a company usurps a logo and uses it in such a way that it tarnishes the reputation of the original brand. Putting the mouse head silhouette on a pack of cigarettes is an example of tarnishment. Freeriding occurs when a company intentionally lifts a logo and uses it to market a competing product. This is done to confuse consumers and generate an undeserved reputation by association.
Conglomerates spend millions perfecting their brands. They don't take kindly to people stealing them. They can, and do, go to court and win.
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