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edbr
06-16-2012, 03:06 AM
Any one got definite rules on trademarks, I am making a banner for airline flight search and wanted to put a few airline logos/trademarks on it as they would be included in the search.
I did a search and got totally bogged down in distinctions between copyright trade marks and their usage. Any one had actual experience in this?

Corrosive
06-18-2012, 08:04 AM
Any one got definite rules on trademarks, I am making a banner for airline flight search and wanted to put a few airline logos/trademarks on it as they would be included in the search.
I did a search and got totally bogged down in distinctions between copyright trade marks and their usage. Any one had actual experience in this?

Nope, but would love to know what you find out. I reckon we all probably use TMs when we shouldn't.

johnMoss
06-26-2012, 07:26 AM
Your fine... The real question at hand is answered by this decision:

Some courts have recognized a somewhat different, but closely-related, fair-use defense, called nominative use. Nominative use occurs when use of a term is necessary for purposes of identifying another producer's product, not the user's own product. For example, in a recent case, the newspaper USA Today ran a telephone poll, asking its readers to vote for their favorite member of the music group New Kids on the Block (http://www.yahoo.com/Entertainment/Music/Artists/By_Genre/Rock_and_Pop/New_Kids_on_the_Block/). The New Kids on the Block sued USA Today for trademark infringement. The court held that the use of the trademark "New Kids on the Block" was a privileged nominative use because: (1) the group was not readily identifiable without using the mark; (2) USA Today used only so much of the mark as reasonably necessary to identify it; and (3) there was no suggestion of endorsement or sponsorship by the group. The basic idea is that use of a trademark is sometimes necessary to identify and talk about another party's products and services. When the above conditions are met, such a use will be privileged.

edbr
06-26-2012, 08:24 AM
thanks John i actually decided to publish and be damned. the only one i found that made problems was united airways and they have sued several times.