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Is it acceptable to use Automobile Logos in the production of a website?
Anonymous2 views5 answers
This really all depends and like many areas in law there are exceptions. You are certainly free to tell your market what brands you service. And using a trademark descriptively in text to refer to the mark holder is also lawful. This is why we see "Coke" or "Pepsi" written in menus as opposed to "cola flavored carbonated beverage." We call this "nominative fair use." Using logos and trade dress however is often seen as "more than what is necessary" to convey your point and thus could be the basis for an infringement claim. But as noted by my colleague, many automotive brands have policies in place that speak to this kind of use knowing that there are tons of providers servicing their products with no formal relationship to them.
Just keep in mind that you cannot present any kind of false association, sponsorship, endorsement or other affiliation with any brand or enterprise nor can you use their copyright protected material solely to help sell or promote your business. Usually, most of the mistakes in this regards are made in the advertising and marketing areas.
You have to remember too that fair use is a legal defense and the copyright holder is always free to drag you into court and force you to prove out your use as fair if they believe you are infringing. So if you plan on relying on that defense you better be right and that rightness better be obvious.
Before you make any investment in this, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
Best regards,
Frank
Natoli-Lapin, LLC
This really all depends and like many areas in law there are exceptions. You are certainly free to tell your market what brands you service. And using a trademark descriptively in text to refer to the mark holder is also lawful. This is why we see "Coke" or "Pepsi" written in menus as opposed to "cola flavored carbonated beverage." We call this "nominative fair use." Using logos and trade dress however is often seen as "more than what is necessary" to convey your point and thus could be the basis for an infringement claim. But as noted by my colleague, many automotive brands have policies in place that speak to this kind of use knowing that there are tons of providers servicing their products with no formal relationship to them.
Just keep in mind that you cannot present any kind of false association, sponsorship, endorsement or other affiliation with any brand or enterprise nor can you use their copyright protected material solely to help sell or promote your business. Usually, most of the mistakes in this regards are made in the advertising and marketing areas.
You have to remember too that fair use is a legal defense and the copyright holder is always free to drag you into court and force you to prove out your use as fair if they believe you are infringing. So if you plan on relying on that defense you better be right and that rightness better be obvious.
Before you make any investment in this, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
Best regards,
Frank
Natoli-Lapin, LLC
Most, if not all, automobile manufacturers publish “brand identity guidelines” that describe in detail how their dealers – and likely auto repair shops like yours – must use the company’s trademarks in their marketing and advertising materials. Comply with the guidelines and you may lawfully use those trademarks [which include the company’s name and logo]. The contact information for Honda’s brand compliance department is below. You’ll need to do your own research to find the others.
As my colleagues note, you should have your own intellectual property attorney review your website before you display it to the world. Good luck.
Honda Compliance Headquarters
2300 Locust St.,
St. Louis, MO 63103.
Tel: 1-888-414-3573
Fax: 1-800-647-4889
E-mail:
[email protected]
I agree with Mr. Douglas. It would not be a good idea for you to use logos of other companies in your website or promo. It suggests they have authorized what you are doing when they have not, and you could receive a letter or a lawsuit.
Hi there,
"same using print or online advertising"
Yes.
If you owned the logos, you could freely use them.
However, you don't own them, so you should have permission.
Try to get permission to use the logos. Getting permission is better than coming up with a reason to use them freely as certainty is better.
Contact the companies and let them know about your work. They may offer training courses, materials, and other help for repairing their autos. You could get the permission plus other valuable benefits.
Notice that most such repair facilities use the auto manufacturer names, without the logos. They probably figured out that it was too much bother to seek permission.
Freely use the names to identify the makes of cars you work on, without implying any connection to the companies behind the brand.
On your website, include disclaimers that the trademarks displayed are owned by their respective owners and not by you.
Best thing is to take the understanding that you received from my answer and other attorney's answers and hire a local attorney to review your website to make sure that your use of any names are not problematic.
