Legal Question in Intellectual Property in Pennsylvania

Question on Logo Use

I have a question on fair use of a company logo.

--name removed--m going to post the situation without naming the actual

company involved.

--name removed--have a website that sells a guide on how to win at the

game ''Pacman''. Is it legal or fair use to use the ''Pacman''

logo on my website?--name removed--have a disclaimer on the bottom of the

page stating that the site is not officially endorsed or

affiliated with said company and their trademarks are their

property...is this allowed?


Asked on 10/15/06, 3:02 pm

1 Answer from Attorneys

Gerry Elman Elman Technology Law, P.C.

Re: Question on Logo Use

Of course it isn't possible to provide specific legal advice in the context of a public posting on this website. But here are the generalities:

The principle that would apply is called "nominative fair use" of someone else's trademark. In New Kids on the Block v. News America Publishing, Inc., 971 F.2d 302 (9th Cir. 1992), the U.S. Court of Appeals for the Ninth Circuit described those circumstances in which a business is allowed to use another business's trademark in a circumstance such as you posit. The Court said:

"[W]here the defendant uses a trademark to describe the plaintiff's product, rather than its own, we hold that a commercial user is entitled to a nominative fair use defense provided he meets the following three requirements: First, the product or service in question must be one not readily identifiable without use of the trademark; second, only so much of the mark or marks may be used as is reasonably necessary to identify the product or service; and third, the use must do nothing that would, in conjunction with the mark, suggest sponsorship or endorsement by the trademark holder."

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Answered on 10/15/06, 3:50 pm


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