Quote:
Originally Posted by tater
Trademark is only a problem if there is a chance for the consumer to mistake the product in question for the real thing. It's perfectly fine to use another company's name as long as it is clear you are not that company: ie: "Acme™ seatcover fits BMW™ 3-series sedans."
Acme can say that with no issues or permissions since it is clear that Acme is not BMW.
I don't think any of us think a computer game is a real ww2 aircraft.
tater
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Not quite true...trade marks will cause a problem if the public might be deceived into thinking that the owner of the trade mark (NG) has an affiliation with the person using the trade mark, or endorses their use of the trade mark in some way. So, for example, if I'm selling clothing and I put the BMW logo on the clothes, I will get into trouble even though I am not selling cars, becuase the public might think that BMW have endorsed my clothing or are selling it themselves. As you pointed out, you can use someone else's trade mark for comparative advertising. I guess some people out there might be simple enough to think that Ubi's use of NG trade marks implies that they endorse Ubi's product.
It's all speculation anyway, we don't know if it was trade marks, copyright or both that caused the problem.
04-01-2008, 01:56 PM
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