On Ordinary Miracle’s sister blog JUST DO IT ANYWAY I had a logo made which is the nike swoosh with bandaging (not the one pictured to the left). Do you think I am breaking any copyright laws with it? If Nike Inc. was to find out about this would they have a problem with it? Check out the logo, then come back and vote in the poll. Thanks.
yes and no.
you’re definitely infringing either their TM or (c). But you have a parody defense and possibly fair use. (I think you have a stronger case with parody, but this is NOT legal advice. I don’t know enough about your situation. Talk to an i.p. lawyer! NOW. It will cost you $100 but will save headaches later on. Also, next time: talk to a lawyer BEFORE you infringe.)
When you have a plumbing problem: call a plumber. When you have a legal problem: call a lawyer. Don’t ask the internet.
You can get away with parody – it’s a very strong defense and very hard for the trademark owner to say that the market might get confused by her use of the altered logo. However, they probably will start with a cease and desist letter. Your sister can ignore it, but it’s possible they will sue her and she will have to hire a lawyer. So, what kind of lawyer can your sister afford to fight Nike’s team of lawyers? Probably not worth it. However, if she removes the logo once she gets the cease and desist, she’d probably be fine. The only time they still sue after that is if she’s made a big profit and they want some of it. Individuals – not so profitable to sue.
All I can say is, if it were me, I’d use it until I got the letter from Nike, then go with something else.
Keep in mind the more you get away from the original logo, especially the funnier you make it, the better the parody defense.
On Ordinary Miracle’s sister blog JUST DO IT ANYWAY I had a logo made which is the nike swoosh with bandaging (not the one pictured to the left). Do you think I am breaking any copyright laws with it? If Nike Inc. was to find out about this would they have a problem with it? Check out the logo, then come back and vote in the poll. Thanks.
yes and no.
you’re definitely infringing either their TM or (c). But you have a parody defense and possibly fair use. (I think you have a stronger case with parody, but this is NOT legal advice. I don’t know enough about your situation. Talk to an i.p. lawyer! NOW. It will cost you $100 but will save headaches later on. Also, next time: talk to a lawyer BEFORE you infringe.)
When you have a plumbing problem: call a plumber. When you have a legal problem: call a lawyer. Don’t ask the internet.
Thanks for your comment Hat. Very insightful, especially the part about “fair use” and “parody”. Cheers,
Adriano
You can get away with parody – it’s a very strong defense and very hard for the trademark owner to say that the market might get confused by her use of the altered logo. However, they probably will start with a cease and desist letter. Your sister can ignore it, but it’s possible they will sue her and she will have to hire a lawyer. So, what kind of lawyer can your sister afford to fight Nike’s team of lawyers? Probably not worth it. However, if she removes the logo once she gets the cease and desist, she’d probably be fine. The only time they still sue after that is if she’s made a big profit and they want some of it. Individuals – not so profitable to sue.
All I can say is, if it were me, I’d use it until I got the letter from Nike, then go with something else.
Keep in mind the more you get away from the original logo, especially the funnier you make it, the better the parody defense.