Using company logos at resale store?

[primed55]

What is the name of your state (only U.S. law)? California

My store sells new, used, and consignment items. When making signs advertising the items i have can i use the companies logos?

IE: If we have alot of Disney items all in one section, could we have a sign with the Disney logo saying Disney items in this section?

We're pretty small and in reality i'm not worried about anything happening just more for my own curiosity.

-Primed55

 

[quincy]

You can use a trademarked name like Disney to describe the items you have for sale. This is no different than naming in an ad what kind of used vehicles you have for sale (ie. Ford F-150 for sale, low mileage).

You just cannot use the trademarks to promote your business in your business ads. Anything that could make a consumer believe that, say, Disney supported or endorsed or was in any way involved in your business would make your store vulnerable to legal action being taken against you.

Your proposed use of the Disney name, therefore, to designate a section of your store as selling used Disney items, would be okay.

 

[Zigner]

You can use a trademarked name like Disney to describe the items you have for sale. This is no different than naming in an ad what kind of used vehicles you have for sale (ie. Ford F-150 for sale, low mileage).

You just cannot use the trademarks to promote your business in your business ads. Anything that could make a consumer believe that, say, Disney supported or endorsed or was in any way involved in your business would make your store vulnerable to legal action being taken against you.

Your proposed use of the Disney name, therefore, to designate a section of your store as selling used Disney items, would be okay.

I disagree - using a Disney logo to re-sell used Disney items wouldn't be allowable without Disney's permission. The Disney name...sure...but not the logo. And, Disney is a bit more picky than some others.

For the record, I've seen Ford beat down small mom & pop shops who make after-market items for OLD (think '30's) Fords just because they used the logo to advertise.

 

[quincy]

And I disagree with you, Zig.

It is a fair use of a trademark (logo and/or name) when the use is to accurately describe a product or when the use identifies the owner of the trademarked product.

Identifying Disney products as Disney products is a fair use. There is no intent to deceive the public about the origin or quality of the product. There is no consumer confusion. There is no false advertising. There is no suggestion that there is an endorsement or sponsorship of the business by Disney.

You cannot identify NON-Disney products (or fakes) as Disney products, nor can you use the Disney trademark to promote and advertise your business. You cannot create your OWN Disney logo or alter the original logo.

But the use of the trademark to designate the area of the store where Disney products are being sold would be a fair use of the Disney name and logo.

See New Kids on the Block v News America Publishing, Inc, 971 F2d 302 (9th Cir 1992) for what a court looks at when determining fair use of a trademark.

 

[Zigner]

Disney likes to "license" their items. They would work vigorously to keep their logo from being used by a non-licensee.

 

[quincy]

Disney is very protective of their trademark. But the use described here is a fair use. Disney items can be described and identified as Disney items without a license.