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Android application using images of trademarks

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bsehovac

Junior Member
Hello, I didn't find this answer anywhere else. I even contacted some companies, but they didn't answered me nothing. Anyway this is my question:

I want to make some android application with image of car, hand watch or something similar. For example I want to make live wallpaper with image of Rolex Watch. Is it okay if I used picture from their website, picture found on Google images search, or if i take picture of their watch with my camera?
 


Zigner

Senior Member, Non-Attorney
Sorry - US law only.

But I will tell you this: Generally, it's not right to steal other people's work.
 

bsehovac

Junior Member
Let's say I live in US. I know that it is not okay, but it is simple watch live wallpaper, with maybe Google Ads in it, I didn't stole someone else work, they sell products, I am only using image of it.
 

quincy

Senior Member
Let's say I live in US. I know that it is not okay, but it is simple watch live wallpaper, with maybe Google Ads in it, I didn't stole someone else work, they sell products, I am only using image of it.
Let's say you provide us with your state name, bsehovac. Trademark laws and copyright laws, both of which are implicated with your question, vary in significant ways depending on the country.
 

bsehovac

Junior Member
Ok, I understand, so if I live in Bosnia, and we still don't have internet laws in my country, nobody can't sue me here, only Google can ban my app from Play Store?
 

bsehovac

Junior Member
I saw people selling 3D models of trademark watches, so I presume if they can do that, i can either make it or take picture of one?
 

quincy

Senior Member
Ok, I understand, so if I live in Bosnia, and we still don't have internet laws in my country, nobody can't sue me here, only Google can ban my app from Play Store?
If you are in Bosnia, you can visit the Bosnia and Herzegovina Intellectual Property website here: http://www.ipr.gov.ba

It depends on the laws in your country whether you can do what you plan to do without legal risk. We handle U.S. law questions here.

That said, it is considered copyright infringement to use someone else's copyrighted photographic image without the copyright holder's express permission. There are some uses of another's trademark that are allowed under trademark laws and other uses that are not okay.

I suggest you locate an IP attorney in your area to see where you stand legally with your app plans and 3D models before investing a lot of time, energy and money into them.

Good luck.
 

bsehovac

Junior Member
Okay, thank you very much. One more question, let's say I live in Michigan, and if I take picture of Rolex Watch, and put it in my app, can they sue me for money, or just ask for me to take my app down?
 

quincy

Senior Member
Okay, thank you very much. One more question, let's say I live in Michigan, and if I take picture of Rolex Watch, and put it in my app, can they sue me for money, or just ask for me to take my app down?
"They" could do both.

What sort of success whoever is suing you, or asking you to take the app down, would have, however, is something I can't tell you. It depends on all of the facts and a whole lot of factors. Most of law is fact-dependent. There is often no one-size-fits-all answer.
 

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