Using Nike Swoosh On Gravestone?

[mmoore950]

I work for a monument company in New Jersey and a client just came in with a request for a gravestone design that contains a Nike Swoosh. I don't know how to go about obtaining permission if that is even allowed, or if creating a gravestone with the Nike swoosh implemented into it constitutes fair use. What's my first step?

Edit: After some further research I've found that Nike has a paragraph about Permission Requests on their website where they state

"Nike does not grant permission to use or modify our trademarks, logos, images, advertising or similar materials. It is your responsibility to determine whether your proposed use is legally permissible. For example, some uses of our logos in a textbook may be considered “fair use.”

Nike regrets that due to the time required and cost involved, we cannot fulfill these types of requests. We also cannot fulfill requests to interview Nike executives or receive advertising, print ads or images."

 

[Just Blue]

@quincy

 

[adjusterjack]

What's my first step?

Tell your client that it's trademark infringement and you can't/won't do it.

 

[Taxing Matters]

I work for a monument company in New Jersey and a client just came in with a request for a gravestone design that contains a Nike Swoosh. I don't know how to go about obtaining permission if that is even allowed, or if creating a gravestone with the Nike swoosh implemented into it constitutes fair use. What's my first step?

Get permission. There are two issues here, trademark infringement and copyright infringement. The general rule for both trademarks and copyright is that you need the permission of the holder of the right to use trademark/copyright. There are exceptions to that, like fair use, but the exceptions are a bit different between trademark law and copyright law. Exceptions like fair use do not prevent you from being sued for infringement; rather they just give you a defense to use in the lawsuit. And even if you win, the cost of defending the suit is going to cost more than the grave marker at issue here. If you lose, you have damages to pay on top of your legal costs. I'm not seeing any exceptions here that would cover this for both trademark and copyright purposes. So I think the most prudent move here is to get the permission of Nike and if the company policy is to not even consider such requests then your best move is likely to decline the customer's request.

 

[quincy]

I work for a monument company in New Jersey and a client just came in with a request for a gravestone design that contains a Nike Swoosh. I don't know how to go about obtaining permission if that is even allowed, or if creating a gravestone with the Nike swoosh implemented into it constitutes fair use. What's my first step?

Edit: After some further research I've found that Nike has a paragraph about Permission Requests on their website where they state

"Nike does not grant permission to use or modify our trademarks, logos, images, advertising or similar materials. It is your responsibility to determine whether your proposed use is legally permissible. For example, some uses of our logos in a textbook may be considered “fair use.”

Nike regrets that due to the time required and cost involved, we cannot fulfill these types of requests. We also cannot fulfill requests to interview Nike executives or receive advertising, print ads or images."

You were smart to find and read Nike’s copyright and trademark policies before granting your client his/her wishes.

Nike is very protective of their extremely valuable trademarks and will not hesitate to sue infringers.

 

[zddoodah]

It's not trademark infringement, but it's simply not worth the hassle. Tell your client that if he/she can obtain written permission from Nike, then you'll do it, but otherwise you won't.

 

[quincy]

It's not trademark infringement, but it's simply not worth the hassle. Tell your client that if he/she can obtain written permission from Nike, then you'll do it, but otherwise you won't.

What is trademark infringement:
https://www.uspto.gov/page/about-trademark-infringement