What happens if I use a trademarked name?
If you use someone’s trademark without first obtaining express consent or without a legal right to do so pursuant to the fair use doctrine, the trademark owner can sue you for trademark infringement. Trademark infringement damages may include monetary compensation based on loss of profits and economic harm.
What happens if you use a trademarked name without permission?
United States law allows the holders of federally registered trademarks to sue others who use those marks without permission, when the use in question causes a “likelihood of confusion” to actual or potential customers.
Can logos be used without permission?
A person or company should never use a trademark or logo without written permission from its owner. To get permission and avoid trademark infringement, write a letter to the trademark owner. … However, even then, third parties cannot use logos as part of their marketing campaigns without a specific agreement.
Can I use someone else’s slogan?
Just because a company has trademark rights, those rights do not absolutely prohibit anyone else from using the same name, logo, or tagline. … The same exact trademark you use can be used on a substantially different product or in a substantially different industry.
Can you sue if someone uses your trademark?
A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) in either state court or federal court for trademark infringement, depending on the circumstances. However, in most cases, trademark owners choose to sue for infringement in federal court.
Can I sue someone for using my company logo?
Any time your company uses a logo to identify its products or services, you establish common-law trademark rights. Common-law trademark rights may allow you to sue a competitor to prevent it from using your logo, particularly if it is in a way that attempts to portray itself as your company to consumers.
Can I trademark a name already in use but not trademarked?
If you’re wondering, “can you trademark something that already exists,” the simple answer is “no.” Generally speaking, if somebody has used a trademark before you, you can’t register the trademark for yourself.
Is it illegal to copy a logo?
The simple answer: Logos are not copyrighted, they are actually trademarked. Whether or not legal action is taken for replicating a trademarked logo is fully up to the company or entity that owns the trademark. A company still has legal rights to their logo even if it’s not trademarked.
How much do I have to change a logo to avoid copyright?
According to internet lore, if you change 30% of a copyrighted work, it is no longer infringement and you can use it however you want.
Is it legal to use company logos on your website?
The short answer is that you can use a trademark belonging to another person or company if you use the mark for: informational or editorial purposes to identify specific products and services, or. if your use is part of an accurate comparative product statement.