People who don't believe they would ever steal a car or rob a bank, don't think twice about lifting an artist's work or a conglomerate's logo in order to use it for a purpose of their own. They take music, artwork, photos, and logos without thinking anything about it. It most cases, this is against the law. It may be copyright infringement, and, in cases of famous brands, it may be considered trademark dilution and result in significant penalties.
Some brands are so famous all the public has to see is a logo, and they immediately recognize the company behind it. Conglomerates spend huge amounts of money to make sure that recognition remains in place. Most of the time the logo also evokes the image the company wants to present to the general public. The famous silhouette of huge mouse ears represents a brand associated with family values, quality, vacation destinations, and fun for instance.
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 all companies qualify for this special designation. If a suit is brought the company will have to prove the significance of diluting their logo. One marker is fame. To prove the suit, the logo has be one that is immediately recognized by the general public.
To win a lawsuit the injured party must prove that the logo was famous when the offense took place. In cases where the brand was not instantly recognizable when the incident took place, courts may say that dilution of the trademark is not applicable. Companies don't have to prove they have actually suffered any type of loss with the offense. All it takes to prove the case, is the possibility that the brand could be diluted.
Diluting trademarks can take several forms. Blurring occurs when someone uses a logo on a product that may be totally unrelated to the original brand. It might be something like the swoosh of an athletic shoe logo placed on a can of paint. Even though the two are unrelated, the use on the paint can potentially dilutes the distinctiveness of the logo on the athletic shoes.
Tarnishment happens when a company usurps a logo and uses it in such a way that it tarnishes the reputation of the original brand. Putting the mouse head silhouette on a pack of cigarettes is an example of tarnishment. Freeriding occurs when a company intentionally lifts a logo and uses it to market a competing product. This is done to confuse consumers and generate an undeserved reputation by association.
Branding is serious business. Conglomerates have fleets of lawyers on the lookout for coypcats. They understand trademark law and will use it to halt any perceived violations.
Some brands are so famous all the public has to see is a logo, and they immediately recognize the company behind it. Conglomerates spend huge amounts of money to make sure that recognition remains in place. Most of the time the logo also evokes the image the company wants to present to the general public. The famous silhouette of huge mouse ears represents a brand associated with family values, quality, vacation destinations, and fun for instance.
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 all companies qualify for this special designation. If a suit is brought the company will have to prove the significance of diluting their logo. One marker is fame. To prove the suit, the logo has be one that is immediately recognized by the general public.
To win a lawsuit the injured party must prove that the logo was famous when the offense took place. In cases where the brand was not instantly recognizable when the incident took place, courts may say that dilution of the trademark is not applicable. Companies don't have to prove they have actually suffered any type of loss with the offense. All it takes to prove the case, is the possibility that the brand could be diluted.
Diluting trademarks can take several forms. Blurring occurs when someone uses a logo on a product that may be totally unrelated to the original brand. It might be something like the swoosh of an athletic shoe logo placed on a can of paint. Even though the two are unrelated, the use on the paint can potentially dilutes the distinctiveness of the logo on the athletic shoes.
Tarnishment happens when a company usurps a logo and uses it in such a way that it tarnishes the reputation of the original brand. Putting the mouse head silhouette on a pack of cigarettes is an example of tarnishment. Freeriding occurs when a company intentionally lifts a logo and uses it to market a competing product. This is done to confuse consumers and generate an undeserved reputation by association.
Branding is serious business. Conglomerates have fleets of lawyers on the lookout for coypcats. They understand trademark law and will use it to halt any perceived violations.
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