Copyright infringement silhouette

[hertigen]

Hey everyone. So I'm making a logo for a mountain bike channel and was wondering if using a silhouette of the bike I own be infringement. I planned on using the bike pic from the manufacturer website because they have a white background and it would be easier to trace and get a silhouette. Would this be a no no or would it be ok to include in a logo since its all black with no logos or anything.

 

[Just Blue]

Hey everyone. So I'm making a logo for a mountain bike channel and was wondering if using a silhouette of the bike I own be infringement. I planned on using the bike pic from the manufacturer website because they have a white background and it would be easier to trace and get a silhouette. Would this be a no no or would it be ok to include in a logo since its all black with no logos or anything.

What state?

 

[hertigen]

What state?

North Carolina

 

[Just Blue]

Thank you...I'll ask @quincy to pop in and advice you. He is very knowledgeable on IP.

 

[hertigen]

Thank you...I'll ask @quincy to pop in and advice you. He is very knowledgeable on IP.

Alright thank you!

 

[quincy]

Hey everyone. So I'm making a logo for a mountain bike channel and was wondering if using a silhouette of the bike I own be infringement. I planned on using the bike pic from the manufacturer website because they have a white background and it would be easier to trace and get a silhouette. Would this be a no no or would it be ok to include in a logo since its all black with no logos or anything.

If the photo you want to use is from the manufacturer's website, it would be copyright-protected and you would need to get permission to use it. Permission is generally granted in the form of a license.

You are best off taking a photo of your own bike and not copying the way the bike was presented by the manufacturer.

You can have an IP professional in your area personally compare your photo to the one by the manufacturer to ensure you are not infringing on rights.

You are smart to ask about the legality first, by the way. Many don't and are later unpleasantly surprised with the receipt of a cease and desist letter, a demand for compensation and/or a copyright or trademark infringement suit.

Good luck.

 

[PayrollHRGuy]

A silhouette you create from a photo of you take should not be a problem.

 

[quincy]

A silhouette you create from a photo of you take should not be a problem.

It could be a problem.

If the photo and subsequent silhouette hertigen creates copies the creative and original elements of the bike manufacturer's silhouette, it can still be infringement of either copyright or trademark rights held by the bike manufacturer.

 

[PayrollHRGuy]

It could be a problem.

If the photo and subsequent silhouette hertigen creates copies the creative and original elements of the bike manufacturer's silhouette, it can still be infringement of either copyright or trademark rights held by the bike manufacturer.

If he does it in a way that duplicates the bike manufacturer's silhouette I agree. It should be very easy to make it so it doesn't.

 

[quincy]

If he does it in a way that duplicates the bike manufacturer's silhouette I agree. It should be very easy to make it so it doesn't.

It could be easy. A silhouette on its own is not protectable. With copyright law, it will depend on how closely the elements of the original are expressed in the new photo and silhouette and with trademark law any dispute can center on consumer confusion, with consumers believing wrongly that hertigen is affiliated in some way with the bike manufacturer.

There are several cases that discuss both copyrightable elements (see any of the Jeffrey Koons cases) and the similarity of trademarks that lead to confusion. I can cite some cases for review later if necessary - but I don't think they are necessary for hertigen's purposes. He just needs to ensure his photo does not resemble the bike manufacturer's photo/logo and that could require a professional review of the specific images.

However, a look at Rentmeester v. Nike, Inc., No. 15-35509 (9th Cir. 2018) can be educational. The lawsuit was filed against Nike by Rentmeester over Nike's "Jumpman" logo, a silhouette of Michael Jordan's jump said by Rentmeester to copy his photo of Jordan.