Need help.. Is it legal to use Guitar images with trademarks logos in mobile app

[3rd Angle]

What is the name of your state (only U.S. law)?--> Texas.

I am planning to develop a mobile app which will use Guitar images.. For example: Gibson Les Paul images. Les Paul is a trademark products.. so if i sell my app... will that be considered as infringing copyright or trademark..

If i cannot use the image provided in their official company websites... can i draw an image of the same guitar WITH the trademarked logo... is that legal?

*** the app will most likely promote their products nothing else.. but still i wanted to confirm from the experts. Help would be really appreciated.

I hope it will be applicable to all states in US.


Thanks in advance

 

[quincy]

What is the name of your state (only U.S. law)?--> Texas.

I am planning to develop a mobile app which will use Guitar images.. For example: Gibson Les Paul images. Les Paul is a trademark products.. so if i sell my app... will that be considered as infringing copyright or trademark..

If i cannot use the image provided in their official company websites... can i draw an image of the same guitar WITH the trademarked logo... is that legal?

*** the app will most likely promote their products nothing else.. but still i wanted to confirm from the experts. Help would be really appreciated.

I hope it will be applicable to all states in US.


Thanks in advance

If you get express written permission from the trademark holders, you will have no problem using their trademarks, their logos or the copyrighted images of their trademarked products for your commercial venture - that is, if you also have permission to promote their products.

This is applicable to all states in the U.S.

 

[Proserpina]

What is the name of your state (only U.S. law)?--> Texas.

I am planning to develop a mobile app which will use Guitar images.. For example: Gibson Les Paul images. Les Paul is a trademark products.. so if i sell my app... will that be considered as infringing copyright or trademark..

If i cannot use the image provided in their official company websites... can i draw an image of the same guitar WITH the trademarked logo... is that legal?

*** the app will most likely promote their products nothing else.. but still i wanted to confirm from the experts. Help would be really appreciated.

I hope it will be applicable to all states in US.


Thanks in advance

It would be extremely foolhardy to use either without expert counsel guiding you.

You do not want to be on the wrong end of a lawsuit that could effectively bury you financially for years to come.

It doesn't matter whether or not your item will promote their products.

 

[quincy]

It would be extremely foolhardy to use either without expert counsel guiding you.

You do not want to be on the wrong end of a lawsuit that could effectively bury you financially for years to come.

It doesn't matter whether or not your item will promote their products.

Someone who tries to promote a trademarked product for commercial gain without permission to use the trademark, the logo or the product will help a trademark holder support a trademark infringement lawsuit. In addition, using copyrighted images of the trademarked product that have been pilfered from company websites will help a copyright holder support a copyright infringement lawsuit. Not to mention the other unfair business practice actions that could be considered.

The app as it has been presented so far does not sound like a great idea but, 3rd Angle, if you think you have a great and clever idea for an app, you could have your idea reviewed by an IP law professional in your area. Based strictly on what you have presented so far, though, it appears the app idea needs some major tweaking to avoid a lawsuit or two - unless permission from the rights-holders is granted.

 

[3rd Angle]

If you get express written permission from the trademark holders, you will have no problem using their trademarks, their logos or the copyrighted images of their trademarked products for your commercial venture - that is, if you also have permission to promote their products.

This is applicable to all states in the U.S.

It would be extremely foolhardy to use either without expert counsel guiding you.

You do not want to be on the wrong end of a lawsuit that could effectively bury you financially for years to come.

It doesn't matter whether or not your item will promote their products.

Someone who tries to promote a trademarked product for commercial gain without permission to use the trademark, the logo or the product will help a trademark holder support a trademark infringement lawsuit. In addition, using copyrighted images of the trademarked product that have been pilfered from company websites will help a copyright holder support a copyright infringement lawsuit. Not to mention the other unfair business practice actions that could be considered.

The app as it has been presented so far does not sound like a great idea but, 3rd Angle, if you think you have a great and clever idea for an app, you could have your idea reviewed by an IP law professional in your area. Based strictly on what you have presented so far, though, it appears the app idea needs some major tweaking to avoid a lawsuit or two - unless permission from the rights-holders is granted.

Thanks everyone for the information. What i failed to understand it how is this different from anyone selling photos of ferrari cars or any product photos..


Ok.. i have decided not to use any available images from the internet.... i will draw cartoons of these items instead.. this will be drawn from the scratch..

"can i use their brand logos" in these cartoon images? For example: Gibson Logo on the cartoon guitar... because without that it will be difficult for my users to identify the product
​

If that is also not possible, can i remove the logos and trademark references from the cartoon images and let my users download the images?​

Thanks

 

[quincy]

Thanks everyone for the information. What i failed to understand it how is this different from anyone selling photos of ferrari cars or any product photos..

Selling photos of Ferrari cars or any trademarked product has led to trademark challenges. What will be balanced is artistic expression versus commercial exploitation, if a trademark holder takes exception to any unauthorized use of their product/name/logo.

Ok.. i have decided not to use any available images from the internet.... i will draw cartoons of these items instead.. this will be drawn from the scratch..

Once again, your use will be an artistic expression versus commercial exploitation balancing act, should a trademark holder take exception to your use under any avenue open to it (i.e., unfair business practices, dilution by blurring, dilution by tarnishment ...).

"can i use their brand logos" in these cartoon images? For example: Gibson Logo on the cartoon guitar... because without that it will be difficult for my users to identify the product
​

If that is also not possible, can i remove the logos and trademark references from the cartoon images and let my users download the images?​

There are arguments available for you to use should your use of trademarks, in cartoon form or through photographs, be challenged by a trademark holder. One is that your use is a "fair use," because you will be using the trademark to identify the trademark holder's own product to compare with another product, or you will be using the trademark to parody the mark, or you will be using the mark to criticize or comment on the product.

However, any unauthorized commercial use of another's trademark tends to attract (what for you would be) unwanted attention from the trademark holder and, perhaps, the trademark holder's attorneys - this even when no consumer confusion is created by your use of the mark.

Again, I suggest you review your app plans with an IP attorney in your area before investing a lot of time, energy and money into developing it.

 

[3rd Angle]

Thanks Quincy.. Appreciate your help.


I like your suggestion to consult an IP consultant but the problem is i am an individual developer.. i have no money and can't afford a lawyer (am unemployed too) I will try contacting the respective companies and see what they have to say...

 

[quincy]

Thanks Quincy.. Appreciate your help.


I like your suggestion to consult an IP consultant but the problem is i am an individual developer.. i have no money and can't afford a lawyer (am unemployed too) I will try contacting the respective companies and see what they have to say...

I like your idea to contact the respective companies to see what they say. That is a better idea (and certainly less expensive) than was mine.

If you have time to post back about the companies' reactions to your app, I would be interested in hearing what they say.

Good luck, 3rd Angle.

 

[3rd Angle]

sure.. will let you know.

If you don't mind, how much does IP consultant charge for such work? And if the laws states i cannot do this... how can an IP consultant make it work; in the sense make me do it?


If all else failed.. i will remove every TM/copyright references like logos from my cartoon images..

 

[quincy]

sure.. will let you know.

If you don't mind, how much does IP consultant charge for such work? And if the laws states i cannot do this... how can an IP consultant make it work; in the sense make me do it?


If all else failed.. i will remove every TM/copyright references like logos from my cartoon images..

I can't tell you how much a consultation with an IP attorney will cost. Attorney fees vary widely, based on all sorts of factors. Because cost is a concern, you might see if a law school in your area can assist in a review, or at least direct you to free or low-cost assistance, or you can visit the Texas Bar Association site http://www.texasbar.com.

If your app is at risk of violating any trademark holder's rights due, perhaps primarily, to its commercial aspect, I am not sure how an IP attorney can help you make it work. There is a possibility that it won't work, at least not without the blessing of the trademark holders whose trademarks you wish to use.

Good luck.