The use of a trademark in a promotion

Steen · Mar 2, 2005

If one was to produce promotional items, such as apparel and related items, would it be dangerous to put "Win an <insert iPod logo>!" on the materials? This would be using Apple's trademark LOGO right on promotional materials, promoting, say, a site giving away iPods.

This is a good example: http://www.gratisnetwork.com/ImageDisplay3.html?id=fs_6.jpg

However instead of the (shaded) silhouette, it would be a famous logo.

Thank you for your time.

namedropper · Mar 4, 2005

Apple takes their trademarks very seriously. There's no practical reason you would need to use their logo, so using their logo would be an infringement.

Steen · Mar 6, 2005

I'm curious how companies such as the above noted have been profiting from a famous brand for over a year now. They use the trademarks in their promotional materials.

jberryhill · Mar 6, 2005

http://www.law.umkc.edu/faculty/projects/ftrials/communications/Newkids.html

THE NEW KIDS ON THE BLOCK, INC. v. NEWS AMERICA,
d/b/a/ USA TODAY, INC.

The defendants, two newspapers of national circulation, conducted separate polls of their readers seeking an answer to a pressing question: Which one of the New Kids is the most popular? USA Today's announcement contained a picture of the New Kids and asked, "Who's the best on the block?" The announcement listed a 900 number for voting, noted that "any USA Today profits from this phone line will go to charity," and closed with the following:

New Kids on the Block are pop's hottest group. Which of the five is your fave? Or are they a turn off? . . . Each call costs 50 cents. Results in Friday's Life section.

[...]
While the New Kids have a limited property right in their name, that right does not entitle them to control their fans' use of their own money. Where, as here, the use does not imply sponsorship or endorsement, the fact that it is carried on for profit and in competition with the trademark holder's business is beside the point.