Legal Use of Team Logos

There are also circumstances in which you can use media logos on your website without infringing trademark rights and exposing yourself to infringement claims. Keep in mind that you can`t confuse customers by thinking you own the logo, so it`s best to display these marks with phrases “as seen in.” Everyone knows what a logo is: it`s the distinctive white font “Coca-Cola” on a red background, or the distinctive blue “Fed” in front of the light gray “Ex” – or any other stylized mix of image, lettering and color that represents a commercial company. Legally, however, a logo has a specific identity: it is a brand that elements_ enthält._ a certain design It may or may not contain words (Nike`s swoosh, for example). The design elements themselves constitute a legally protected trademark. When in doubt, a trademark attorney can help you cover all your bases. This ensures that you are not violating anyone`s rights. Whether you want permission to use a logo or register your own logo for legal protection purposes, UpCounsel`s experienced lawyers can help. If Johnson played for the Miami Manatees on the TV show, HBO could show him doing almost everything in uniform. However, since the network has decided to use real NFL logos, it needs to do it the way they should be used.

So what if one of the characters in the series is depicted hitting a man in a nightclub? Surely the NFL doesn`t want to be associated with this kind of behavior? This lawyer is no longer affiliated with the firm or his profile is no longer available. We encourage you to visit the Scarinci Hollenbeck Lawyers page to find the lawyer that meets your legal needs. If you still wish to speak to a lawyer about your question about this position, please call 201-806-3364. Full biography As long as the work of fiction does not confuse the viewer as to who owns the brand, the use of logos in fiction is fair use because it contributes to the realism of a story. However, Hollywood reversed this rule by selling product placements to brand owners as advertising tools, which was a lucrative decision. With respect to the fair use of logos, the difference in U.S. trademark law between a trademark that consists only of a sequence of words and a logo relevant to the trademark, which may or may not contain words but still contains certain design elements, is legally significant. U.S. law prohibits the use of government agency logos without written permission. Although some logos are not protected by copyright, they are still protected under laws similar to trademark laws. For example, you may not use the Central Intelligence Agency logo without permission to prevent the appearance that the CIA has approved of your work or opinions.

Yes, you can use logos on your blog, but keep in mind that photos and images online are subject to stricter copyright laws. It`s far worse to remove a photo from Google Images for your blog than to use a company logo in an article. The answer to their question is a resounding NO, and that answer doesn`t just apply to the NFL. In short, you can`t use NFL logos on anything. This means that you may not use the logos without the express permission of the NFL. The logos of the various NFL teams are trademarks owned by the NFL. Therefore, the only way to use someone else`s trademark without liability is with their permission. This authorization is usually in the form of a license. More generally, if third parties are not allowed to use brand names, how does a newspaper describe the Superbowl? He couldn`t call it the “Super Bowl,” which is a trademark, and couldn`t call the game generally “the competitive event between the two best teams in professional football this season, one from Philadelphia, the other from New England,” which is clearly impractical and absurd. Trademarks work a little differently than copyrights, because just printing someone else`s logo doesn`t automatically mean you`ve infringed the owner`s rights.

Most logos are not protected by copyright. Nevertheless, trademark infringement could result in legal action to stop the counterfeiting. So why is it acceptable for HBO`s Dwayne “The Rock” to portray Johnson`s character in the new TV series “Ballers” in a realistic Miami Dolphins uniform? Because the wrestler-turned-actor is shown doing what everyone expects from a professional soccer player: playing professional football, entertainment attorney Michael C. Donaldson Jason Guerrasio told Business Insider. As long as NFL logos are used in a way that is no different from real-world use, no permission is required. If Johnson`s character had played football or yelled at police in a Miami Dolphins uniform, the league would be more inclined to take action against HBO because that`s not how the brand should be used. Apart from these two cases, you should never assume that you can use a brand logo. An individual or business should never use a trademark or logo without the written permission of its owner. To obtain permission, write a letter to the trademark owner. Add a description of why you are asking and how the logo will be used. Third parties should never use someone else`s logo without a license agreement, including program and company logos.

Discussions on the fair use of logos are based on two competing issues: the third party`s right to freedom of expression and the cumulative effect on the trademark owner of that third party`s use of elements of that logo. The essence of “fair use” is that a third party cannot appropriate a person`s logo for commercial purposes and cannot use a copyright owner`s logo in circumstances that diminish its value. But there is no “bright line” that defines copyright infringement; In all cases, the circumstances giving rise to the offence are cumulative. Well, as Fox Sports explained, when the character — who plays for the Green Bay Packers on the TV show — is shown attacking the person, there`s no Packers logo in sight. However, if the character is cut by a group of team executives, they will be depicted in a conference room littered with Green Bay logos and colors. An NFL team would certainly prune an attacker so that the famous “G” logo and associated colors would be used appropriately in the scene. It seems that as long as film and television production companies are careful about how they use brand logos like the Miami Dolphins, they don`t need permission to do so. To find out if a logo is being used as intended, it would be helpful to consult with a lawyer with experience in sports and entertainment. In some cases, a person or company involved in logo programs gives third parties permission to use their trademarks. Depending on the company, the logo program may include specific requirements and technology compatibility, corporate relationships, and program membership information.

But even then, third parties cannot use logos without special agreement. Sports teams such as the Boston Blackjacks and Washington Sentinels have entered film history as alternatives to their real-life counterparts. No one wants a lawsuit for unauthorized appropriation of a trademark, and fake teams like blackjacks offer an easy way to avoid it. The representation of stories around sports is extremely popular in film and television, but circumventing consent requirements can be costly. HBO, on the other hand, decided to skip the approval stage and use real NFL team logos without the league`s express written consent. Anyone who regularly watches professional football may know that the league warns others not to use their trademarks without permission. The legal world has been in turmoil following HBO`s decision to use the NFL team`s intellectual property without league approval, but it turns out that as long as the logos are used correctly, no permission is required.