Use of a company name and/or logo

[329h]

Can a company name and/or logo be used on a business card, employee signature or the like if it is sort of a personal quote or something that person enjoys? For example, could an employee have on a business card "Proud BMW Owner" with a BMW logo if we were trying to add some personal touch?

 

[justalayman]

If BMW grants you permission, go for it. Other than that, unless you want to risk BMW suing you if they find out, you should for go the logo. You can claim to be a proud BMW owner as that is factual but you have no business using their logo.

Using their logo is not a personal touch. It is using their business identifier. Nothing personal about that.

 

[quincy]

Can a company name and/or logo be used on a business card, employee signature or the like if it is sort of a personal quote or something that person enjoys? For example, could an employee have on a business card "Proud BMW Owner" with a BMW logo if we were trying to add some personal touch?

What is the name of your state or, if not in the US, what is the name of your country?

Logos can be copyright-protected so should not be used without authorization (logos should not be copied) and trademarks should not be used if the use can confuse consumers into thinking you are connected in any way with the trademark holder.

Making up cards that say "Proud BMW owner" might not be a problem because trademarks can be used in a descriptive way but I question your use of that phrase on your business cards. The phrase on business cards can imply a connection with BMW that does not exist.

 

[329h]

Ok so forgetting the logo, what about icons that mimic something? Look at the genericly drawn icons here for Tesla: https://icons8.com/web-app/for/all/tesla. Isn't using a company name in a personal sentence fair use? If I say I am a "Tesla Enthusiast", is that really an issue/risk?

 

[quincy]

Ok so forgetting the logo, what about icons that mimic something? Look at the genericly drawn icons here for Tesla: https://icons8.com/web-app/for/all/tesla. Isn't using a company name in a personal sentence fair use? If I say I am a "Tesla Enthusiast", is that really an issue/risk?

You can use a trademark in a sentence if the use of the trademark is to describe a company, product or service. For example, I cannot talk about Ford Mustangs without using the words Ford Mustang. I can say I like Ford Mustangs or I drive a Ford Mustang. Descriptive uses of a trademark are considered a fair use of the trademark (in most circumstances).

Your issue comes with the use of the trademark on your business cards, which implies a business connection with the company that you do not have. If you do not have a business connection with the company, you should not use the trademark in any of its forms (name, logo, slogan, whatever) on your business cards. To do so puts you at risk of raising the ire of the company and you want to avoid irking companies that have a lot of money and teams of lawyers itching to sue infringers.

 

[329h]

You can use a trademark in a sentence if the use of the trademark is to describe a company, product or service. For example, I cannot talk about Ford Mustangs without using the words Ford Mustang. I can say I like Ford Mustangs or I drive a Ford Mustang. Descriptive uses of a trademark are considered a fair use of the trademark (in most circumstances).

Your issue comes with the use of the trademark on your business cards, which implies a business connection with the company that you do not have. If you do not have a business connection with the company, you should not use the trademark in any of its forms (name, logo, slogan, whatever) on your business cards. To do so puts you at risk of raising the ire of the company and you want to avoid irking companies that have a lot of money and teams of lawyers itching to sue infringers.

Thanks for the feedback. I guess I'm having trouble understanding why fair use doesn't prevail here if it is clearly a personal quote or opinion on the business card. Putting "Proud mother of 3" doesn't imply the business owns or has a relationship with those children, right? I could totally see the issue here if it was by our business logo, as in near our social media stuff but this is a personal quote on the card.

 

[quincy]

Thanks for the feedback. I guess I'm having trouble understanding why fair use doesn't prevail here if it is clearly a personal quote or opinion on the business card. Putting "Proud mother of 3" doesn't imply the business owns or has a relationship with those children, right? I could totally see the issue here if it was by our business logo, as in near our social media stuff but this is a personal quote on the card.

Fair use potentially could apply but fair use is an affirmative defense to an infringement action and not permission to use someone else's rights-protected material (either under trademark laws or copyright laws). So, although fair use could be argued if you receive a cease and desist letter or notification that you are being sued, you probably do not want to put yourself in the position of having to make a fair use argument in court. That can be a very costly argument to make.

Essentially, the use of another's trademark is allowed only when used to describe the company and its products or services. It is not allowed when the user of the mark is trading off the good will and reputation of the trademark holder, or confusing consumers into falsely thinking a relationship exists between the user of the mark and the trademark holder.

Your use on your business cards could be seen by the trademark holder as trading off their reputation and could confuse consumers into thinking your business is connected to their business. It could be seen as infringement and fall under both federal and state unfair business practice laws.

If you want to use a personal quote on your business cards (e.g., "Proud Mother of 3"), you can do that (although I personally think personal quotes are best left off business cards). And I recommend you do not use any quote that involves another's rights-protected material (another company's name, logo, slogan, symbol, etc, or anyone else's copyrighted works).