Can I use their logo?

[mouse51180]

What is the name of your state (only U.S. law)? NC\SC
I am right on the boarder and issue will cross state lines.

I run a small Scuba Diving business. We are about to run an ad on grocery store shopping carts. I have created the ad and put a small google map in the corner of the ad. The question is this...

On the map I have included the logo of a local amusement park as they are close to us and a familiar landmark. Are we crossing any legal issues by using their logo on this map just as a reference point to advertise our location?

 

[quincy]

What is the name of your state (only U.S. law)? NC\SC
I am right on the boarder and issue will cross state lines.

I run a small Scuba Diving business. We are about to run an ad on grocery store shopping carts. I have created the ad and put a small google map in the corner of the ad. The question is this...

On the map I have included the logo of a local amusement park as they are close to us and a familiar landmark. Are we crossing any legal issues by using their logo on this map just as a reference point to advertise our location?

It can be a legal issue if the local amusement park considers it a legal issue.

Logos can be protected under both copyright laws (if the logo has creative and original elements) and by trademark laws (as a company identifier). If the logo is copyrighted, the reproduction of it on the map could be problematic.

You do not want your use of the amusement park logo to imply in any way that the amusement park is connected to your Scuba Diving business. This can lead to consumer confusion. Instead of the logo, it can be better to use only the name of the amusement park as a landmark on the map. Trademarks can be used in a descriptive way.

Have you contacted the amusement park owner to ask about the use of the logo in your ad? That can be the best way to determine if your use is going to cause you legal grief.

Is the map that you are intending to use rights-protected?

 

[mouse51180]

It can be a legal issue if the local amusement park considers it a legal issue.

Logos can be protected under both copyright laws (if the logo has creative and original elements) and by trademark laws (as a company identifier). If the logo is copyrighted, the reproduction of it on the map could be problematic.

You do not want your use of the amusement park logo to imply in any way that the amusement park is connected to your Scuba Diving business. This can lead to consumer confusion. Instead of the logo, it can be better to use only the name of the amusement park as a landmark on the map. Trademarks can be used in a descriptive way.

Have you contacted the amusement park owner to ask about the use of the logo in your ad? That can be the best way to determine if your use is going to cause you legal grief.

Is the map that you are intending to use rights-protected?

I have reached out to the company, but have not yet gotten a response back from them and am coming up on my deadline to have the artwork submitted to go to productions for the ad.

The map itself is just a screenshot of the area from google maps with the amusement parks logo showing their location and my stores logo showing our location down the street.

There is no reference to the company in text other than "Just 5 mins from <AmsumentParkName>"

 

[quincy]

I have reached out to the company, but have not yet gotten a response back from them and am coming up on my deadline to have the artwork submitted to go to productions for the ad.

The map itself is just a screenshot of the area from google maps with the amusement parks logo showing their location and my stores logo showing our location down the street.

There is no reference to the company in text other than "Just 5 mins from <AmsumentParkName>"

You have a few potential problems.

One potential problem is with the use of the Google map in your ad. Here is a link to Google Permissions: https://www.google.com/permissions/

Another potential problem is with the use of the amusement park's logo. Using the name of the amusement park might not be an issue but an easily recognized logo on the map can be an issue. Here is a link to the International Trademark Association's information on the use of another's trademark in (online) advertising: http://www.inta.org/TrademarkBasics/FactSheets/Pages/OnlineAdvertisingandUsedOthersMarksFactSheet.aspx

And a final potential problem is that you are under a time constraint. The time constraints, however, will not relieve you of your responsibility to acquire proper permissions prior to use of another's rights-protected material in your commercial ads. Whether your use will attract the attention of the rights-holders is a question mark but you should know that it could. I don't know how much of a legal risk you are willing to take.

 

[Zigner]

You have a few potential problems.

One potential problem is with the use of the Google map in your ad. Here is a link to Google Permissions: https://www.google.com/permissions/

To assist the OP, here is the specific item that addresses this matter:

(from: https://www.google.com/permissions/geoguidelines.html#maps-ads)

Print
...
You may not use Google Maps, Google Earth, or Street View imagery in print advertisements.

 

[FlyingRon]

In this case, as it appears you're not trying to make any liklihood of confusion (just drawing a map and referring to proximity), you're probably OK.

 

[quincy]

In this case, as it appears you're not trying to make any liklihood of confusion (just drawing a map and referring to proximity), you're probably OK.

The map is not being drawn. It is a copy of a Google map, which is rights-protected.

I don't know how "okay" mouse51180 will be without seeing the ad, but it appears to infringe on a right or two.

 

[Zigner]

In this case, as it appears you're not trying to make any liklihood of confusion (just drawing a map and referring to proximity), you're probably OK.

Except for the fact that he can't use the Google map image in any print advertisement...

 

[quincy]

Except for the fact that he can't use the Google map image in any print advertisement...

I am not sure how vigilant Google is in pursuing Google-map-infringers but the fact that Google's rights and permissions page specifically addresses the use of their maps for commercial purposes is certainly a good clue that Google expects people to respect these rights and seek permission prior to use.

The use of a logo, too, is more problematic than the use of a trademark name. For one, logos tend to be easily recognized by consumers. If the logo is the only image on the map or in the ad, with the rest of the ad being words, the image can be seen as infringing on the amusement park's rights and trading off its reputation.

I would rather mouse51180 get proper permissions in place before running the ad or, at the very least, have an attorney in mouse51180's area personally review the ad to determine better mouse51180's legal risks should s/he run the ad without such permissions.

 

[mouse51180]

What a freakin nightmare. I thought designing the ad was going to be the hard part.

Thank you everyone for your input.

I have been searching the net for information and a possible alternative. It all seems pretty ridiculous to me how something can be so freely available yet so inaccessible for use.

I did come across the "Print: You may not use Google Maps, Google Earth, or Street View imagery in print advertisements." statement and have removed the map from my ad.

I tried to look at Bing Maps, MapQuest, OpenSourceMaps, I even called the census bureau and was hung up on while playing the "Let me transfer you real quick" game. Most of them don't have any clear cut definition (or at least in laymen terms) on the policy for other companies to use their freely available material.

I have come to the conclusion its not work it and i'm sure I can get away with the logo and the map as we are a company of 6 people, but its only going to take one *%$hole to turn this project from a frustrated designing issue to a legal nightmare so i'm heading over to good ol' MS Paint and going to draw my own map.

Again, thanks to everyone that has replied.

 

[quincy]

What a freakin nightmare. I thought designing the ad was going to be the hard part.

Thank you everyone for your input.

I have been searching the net for information and a possible alternative. It all seems pretty ridiculous to me how something can be so freely available yet so inaccessible for use.

I did come across the "Print: You may not use Google Maps, Google Earth, or Street View imagery in print advertisements." statement and have removed the map from my ad.

I tried to look at Bing Maps, MapQuest, OpenSourceMaps, I even called the census bureau and was hung up on while playing the "Let me transfer you real quick" game. Most of them don't have any clear cut definition (or at least in laymen terms) on the policy for other companies to use their freely available material.

I have come to the conclusion its not work it and i'm sure I can get away with the logo and the map as we are a company of 6 people, but its only going to take one *%$hole to turn this project from a frustrated designing issue to a legal nightmare so i'm heading over to good ol' MS Paint and going to draw my own map.

Again, thanks to everyone that has replied.

The two best ways to avoid a lawsuit are to get permission to use another's copyrighted work or trademark, or to create your own original and creative work.

You can use in creating your own map the facts that are common all maps - the street names and locations. These are not copyrightable, so you can take these from existing maps. You just cannot copy someone else's map because most maps will include creative and therefore copyrightable elements (colors, designs, legends). You should come up with your own legend, colors and layout for your map to make it uniquely your own - or just draw lines for streets and an X marks the spot for your Scuba business.

You can also include in your map the local landmarks that can work to aid in direction to your own location. You just cannot include the map-maker's trademark or a company's trademark without permission. A trademark name can be used to identify a local attraction because it is used as a fact (the local attraction is named X and X is located here). Logos, however, are more apt to infringe on a trademark holder's rights and should be avoided.

You are right that all it takes is one litigious person/entity to create a financial mess for a small business. I think you are smart to create your own ad with your own map, so there is no risk that the one litigious person/entity finds you and decides to sue.

I wish you good luck with your Scuba Diving business, mouse51180.