Anyone with knowledge of IPR / trademarks / usage rights?
Discussion
Does anyone have experience with IPR / trademarked images, etc.?
Specifically, if one ran a site selling officially licensed merchandise, then presumably having pictures of the products for sale is "fair use". However, how does that extend to other use throughout the site and also printed media such as business cards, leaflets, flyers, etc.?
For example, if someone ran www.ElvisPresleyShop.co.uk (I made this up, BTW) which has loads of officially-licensed Elvis memorabilia and merchandise, would the fact that the name "Elvis Presley" appears in the name be a problem? And would pictures of Elvis on the site to help sell the products be a problem? And would putting those in printed media (say a catalogue) be a problem?
Now I come to write this, I suspect the answer is "yes, it would be a problem". So my next question would be what one could do about this? Does one approach the licence-holder directly and seek permission to use the images?
Any help or suggestions, either here or via my profile, would be much appreciated.
Specifically, if one ran a site selling officially licensed merchandise, then presumably having pictures of the products for sale is "fair use". However, how does that extend to other use throughout the site and also printed media such as business cards, leaflets, flyers, etc.?
For example, if someone ran www.ElvisPresleyShop.co.uk (I made this up, BTW) which has loads of officially-licensed Elvis memorabilia and merchandise, would the fact that the name "Elvis Presley" appears in the name be a problem? And would pictures of Elvis on the site to help sell the products be a problem? And would putting those in printed media (say a catalogue) be a problem?
Now I come to write this, I suspect the answer is "yes, it would be a problem". So my next question would be what one could do about this? Does one approach the licence-holder directly and seek permission to use the images?
Any help or suggestions, either here or via my profile, would be much appreciated.
There are plenty of examples in the mass media and even on PH of the enforcement of companies IPR.
The example of "Elvis Presley" is a timely one, the recent sale of Elvis's name and image rights has resulted in the new company cracking down on any "unauthorised" use of it and is provoking a degree of debate as to what is covered by IPR and what is protected by "fair use" laws and regulations (an issue compounded by a global marketplace yet localised laws).
For a recent UK example, look at the crackdown on the use of the term "Mini" by independent mini specialists at the launch of the "new" mini. BMW sent cease and desist letters to a lot of specialists and followed some up with legal action. There were quite a few contemporary debates as to what was alowable as decriptive and what was an infringement of BMWs trademarks.
Most companies are only too happy to allow associated businesses selling their products (ie resellers) to use whatever they wish and will offer to provide that material and more.
Some are utter bastards and will enforce everything they can (ie Easygroup trying to prevent anyone else from using the colour orange, O2 trying to prevent other people using bubbles in advertising etc).
Can you be a little more specific? I appreciate you might not want to give out all details however its a little difficult to comment on generalities.
The example of "Elvis Presley" is a timely one, the recent sale of Elvis's name and image rights has resulted in the new company cracking down on any "unauthorised" use of it and is provoking a degree of debate as to what is covered by IPR and what is protected by "fair use" laws and regulations (an issue compounded by a global marketplace yet localised laws).
For a recent UK example, look at the crackdown on the use of the term "Mini" by independent mini specialists at the launch of the "new" mini. BMW sent cease and desist letters to a lot of specialists and followed some up with legal action. There were quite a few contemporary debates as to what was alowable as decriptive and what was an infringement of BMWs trademarks.
Most companies are only too happy to allow associated businesses selling their products (ie resellers) to use whatever they wish and will offer to provide that material and more.
Some are utter bastards and will enforce everything they can (ie Easygroup trying to prevent anyone else from using the colour orange, O2 trying to prevent other people using bubbles in advertising etc).
Can you be a little more specific? I appreciate you might not want to give out all details however its a little difficult to comment on generalities.
TheLemming said:Difficult to be more specific at this stage without prejudicing the issue, but the scenario is pretty much what I outlined in my previous post but with another name instead of "Elvis Presley".
Can you be a little more specific? I appreciate you might not want to give out all details however its a little difficult to comment on generalities.
I'll send you a mail with slightly more info.
>> Edited by JonRB on Wednesday 3rd May 13:34
Its interesting what you say about the Mini case. I have just designed a website for a mini dealer, the client did mention about BMW cracking down on the trade mark. I cant see how a generic name such as mini can be copyrighted to that extent. What about mini skirts or mini anything for that mater.
Another case in point, when the EU domain name registration was launched trademark holders could register their name first. "POLO" was registered by VW, Ralph lauren and Nestle. I think vw got it, so can Ralph Lauren and Nestle take action against them?
Another case in point, when the EU domain name registration was launched trademark holders could register their name first. "POLO" was registered by VW, Ralph lauren and Nestle. I think vw got it, so can Ralph Lauren and Nestle take action against them?
jamesuk28 said:
Its interesting what you say about the Mini case. I have just designed a website for a mini dealer, the client did mention about BMW cracking down on the trade mark. I cant see how a generic name such as mini can be copyrighted to that extent. What about mini skirts or mini anything for that mater.
The difference is that BMW won't have rights to 'Mini' in those categories. They will have rights to protect the usage of 'Mini' in relation to cars though.
PetrolTed said:
Its interesting what you say about the Mini case. I have just designed a website for a mini dealer, the client did mention about BMW cracking down on the trade mark. I cant see how a generic name such as mini can be copyrighted to that extent. What about mini skirts or mini anything for that mater.
The difference is that BMW won't have rights to 'Mini' in those categories. They will have rights to protect the usage of 'Mini' in relation to cars though.
Although the way generic cross-market trademarks are going, it wont be long before someone attempts it and succeeds.
The IP, trademark and copywrite laws (and legal interpretation of them) are an utter mess IMHO.
>> Edited by TheLemming on Friday 5th May 11:53
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