Legal Question in Intellectual Property in New Jersey

Hello,

What if someone where to take many different pictures/logos from a company/brand, manipulate them for internet profiles, and sell them for a small amount if money? Would you need permission?

(Another Example) Lets say someone were to take the NBC Logo and manipulate it so they are perfect for forums, blogs, and other social networking sites. Then, they would put it on a website (available to the public) and cost people to download it for a small price, would the person need permission from the company/brand even if the person gave the company/brand "credit?" Also, this would be free advertising for them, correct?


Asked on 2/24/10, 1:26 pm

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC

A trademark owner has the exclusive right to use the mark in commerce. Altering the mark does not change this if the result is sufficiently similar to the protected mark to cause confusion. As a practical matter, anything that is identifyable as being the protected mark will generate legal problems unless the use is to give the owner of the mark credit when using it to identfy that owner's goods. Don't do it. � See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 3/01/10, 9:04 pm


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