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Thread: Using Someone Else's Logo in a Graphic? Virginia

  1. #1
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    Default Using Someone Else's Logo in a Graphic? Virginia

    If someone has a book that is a bestseller on a publication, could they create a graphic that includes the logo of the publication/company and have that on the book without prior permission? The little bit I looked around it seemed like simply using a logo on a website when referring to a company would fall under Fair Use. Not sure when you edit the image some/have it on an actual product.

    Thinking about images like these:

    http://www.eji.org/files/1381068641n...er-stamp_1.png
    http://img.rlsbb.com/images/2013/03/...est-seller.jpg
    http://www.adazing.com/wp-content/up...old-seller.png

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    One of the most knowledgeable people I know on this and like topics does not generally respond on this board. I'll ask him to drop by and take a look.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    This is what my friend responded:

    I am a bit confused as to what RRPayroll wants to do with the logo but following is a link to (what I find to be) an amusing exchange of letters between author/artist David Thorne and attorney Donald Snadek, of the law firm that represents Penguin Books Limited.

    http://www.27bslash6.com/covers.html

    David Thorne used a penguin on the original cover of his book, "I'll Go Home Then. It's Warm and Has Chairs. The Unpublished Emails."

    Penguin Books, Ltd. objected to the use of the penguin, claiming trademark infringement and dilution. A letter exchange ensued.

    Among the letters is one by Donald Snadek that outlines pretty well trademark law, infringement and dilution of a trademark (and marks include logos, slogans, symbols, phrases, colors, shapes, names). The letter from Snadek cites US case law.

    It is important to note that David Thorne DID change his book cover, to avoid a potential lawsuit.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    It's always best to run something like this by a copyright lawyer. (Someone you can discuss your specific case/situation with.)
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    Is your book a NYT bestseller? It sounds more like you want to modify the logo used to designate best sellers and put that on your book. Either way, no, you may not. If your book is a bestseller, you may not alter the NYT logo, and if your book is not a bestseller, using a modified logo to make it seem like it could be would be deceptive.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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