For all you copyright experts, a question.

[threeputt]

Ok so you know how we're constantly being reminded on this forum of the legalities of using a logo or copyrighted artwork without the express written permission of the owner?

And sometimes that permission is going to be difficult or even impossible to get. Especially if they ask, "how are you going to be using my logo...in what context, etc?"

Well, so I'm watching tv last night and here's a Direct TV commercial contrasting their services with Dish Satellite TV. And right there on the screen is the Dish logo side by side with the Direct logo.

Are you telling me that Dish gave them permission to use their logo? Especially in an ad that bashes Dish?

 

[jkdbjj]

Ok so you know how we're constantly being reminded on this forum of the legalities of using a logo or copyrighted artwork without the express written permission of the owner?

And sometimes that permission is going to be difficult or even impossible to get. Especially if they ask, "how are you going to be using my logo...in what context, etc?"

Well, so I'm watching tv last night and here's a Direct TV commercial contrasting their services with Dish Satellite TV. And right there on the screen is the Dish logo side by side with the Direct logo.

Are you telling me that Dish gave them permission to use their logo? Especially in an ad that bashes Dish?

It is quite possible that YES they pay royalties, so they can smash it. It is not uncommon for companies to do this.

I am not sure about this particular situations, but even "bitter" enemies, will still sell out for a buck

 

[royster13]

The key is that they did not produce the goods with the other logo.....It was probably legally acquired with the logo already on it....

 

[ThinkRight]

Ok so you know how we're constantly being reminded on this forum of the legalities of using a logo or copyrighted artwork without the express written permission of the owner?

And sometimes that permission is going to be difficult or even impossible to get. Especially if they ask, "how are you going to be using my logo...in what context, etc?"

Well, so I'm watching tv last night and here's a Direct TV commercial contrasting their services with Dish Satellite TV. And right there on the screen is the Dish logo side by side with the Direct logo.

Are you telling me that Dish gave them permission to use their logo? Especially in an ad that bashes Dish?

The only problem that either company doing that is "Truth in Advertising" issues.
They pay the royalties.
What about "The Coke Guy" in uniform being the 1,000,000 customer buying a "Pepsi"
/ Hahahahaha /That still makes me laugh

 

[threeputt]

The key is that they did not produce the goods with the other logo.....It was probably legally acquired with the logo already on it....

Not sure what you mean by "not produce the goods".

Hmmm.

 

[royster13]

http://library.findlaw.com/2004/Dec/14/133668.html

 

[TwoNine]

"Therefore, in most countries, using a competitor’s trademark in the course of advertising is not an infringement so long as that use is in accordance with honest practices in industrial or commercial matters, or so long as that use does not take advantage of, or is detrimental to, the distinctive character or reputation of the trademark."

from:
http://www.wipo.int/sme/en/documents/ip_advertising.htm