There are a lot of people who would never consider themselves thieves because they don't shoplift or rob banks. Many of these same people don't seem to understand the concept of intellectual property. They assume they have the right to use photos, artwork, music, and corporate logos any way they please. Most of these people would be shocked to learn they are breaking copyright laws, and in the case of well known brands, breaking trademark dilution laws.
There are logos people around the world instantly recognize and associate with a particular company alone. Corporations have huge budgets set aside to maintain and enhance their brand identity. The logos not only represents a specific product, or conglomeration of products, they often evoke specific feelings in consumers. The silhouette of an iconic mouse's head with the artist's signature below for example, represents family values, vacation destinations, and quality for most.
If another company puts that logo on its own product in an attempt to associate itself in some way, or to gain credibility with its use, they are diluting the company's trademark. It won't matter that the product in question doesn't compete with theme parks or movies, just the use is enough to break the law. Most of the logos that fall into this category are instantly recognizable globally.
Not every company can claim its trademarks qualify for this special status. They have to meet several markers. The most important one is fame. The logo and brand in question must have instant recognition with the general public. There are not exact requirements to meet the marker. Courts decide that on an individual basis.
The company has to prove that the brand was instantly recognizable at the time of the offense. For instance, if the logo was more well known several years before the incident that brought the suit, courts will judge it differently than if it was more famous at the time of the offense. The company only has to show that the possibility of diluting the brand exists, not the fact that there was any actual injury.
There are several ways trademarks can be diluted. Blurring happens when a company puts a logo on a product that has nothing in common with the original brand. It might be putting the iconic swoosh logo associated with athletic shoes on a can of paint. Although the two are unrelated, using the logo on the paint can has the potential of diluting the distinctive athletic shoe brand.
Tarnishment occurs when a party uses a famous logo in a way that damages the brand of the original product. Putting the famous mouse head on packaging for tobacco would be an example of tarnishing. Freeriding is when someone intentionally takes a famous logo and uses it on a competing product to confuse the consumer and generate business by associating itself with the original company.
Millions of dollars are spent each year to enhance and protect brands. Conglomerates don't appreciate anyone tampering with theirs. They will sue, and they usually win.
There are logos people around the world instantly recognize and associate with a particular company alone. Corporations have huge budgets set aside to maintain and enhance their brand identity. The logos not only represents a specific product, or conglomeration of products, they often evoke specific feelings in consumers. The silhouette of an iconic mouse's head with the artist's signature below for example, represents family values, vacation destinations, and quality for most.
If another company puts that logo on its own product in an attempt to associate itself in some way, or to gain credibility with its use, they are diluting the company's trademark. It won't matter that the product in question doesn't compete with theme parks or movies, just the use is enough to break the law. Most of the logos that fall into this category are instantly recognizable globally.
Not every company can claim its trademarks qualify for this special status. They have to meet several markers. The most important one is fame. The logo and brand in question must have instant recognition with the general public. There are not exact requirements to meet the marker. Courts decide that on an individual basis.
The company has to prove that the brand was instantly recognizable at the time of the offense. For instance, if the logo was more well known several years before the incident that brought the suit, courts will judge it differently than if it was more famous at the time of the offense. The company only has to show that the possibility of diluting the brand exists, not the fact that there was any actual injury.
There are several ways trademarks can be diluted. Blurring happens when a company puts a logo on a product that has nothing in common with the original brand. It might be putting the iconic swoosh logo associated with athletic shoes on a can of paint. Although the two are unrelated, using the logo on the paint can has the potential of diluting the distinctive athletic shoe brand.
Tarnishment occurs when a party uses a famous logo in a way that damages the brand of the original product. Putting the famous mouse head on packaging for tobacco would be an example of tarnishing. Freeriding is when someone intentionally takes a famous logo and uses it on a competing product to confuse the consumer and generate business by associating itself with the original company.
Millions of dollars are spent each year to enhance and protect brands. Conglomerates don't appreciate anyone tampering with theirs. They will sue, and they usually win.
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