Is it trademark infringement if startups use well known brands in their slogans or high concept pitches?

Question

We have got some advice that it is useful to use popular brands to illustrate your business model.
For that I have even found a couple of examples of successfully funded startups on Angel.co - such as "Viddy - Instagram for videos" or "Pinshape - iTunes for 3D Printing". Why don't these startups infringe trademark rights by using instagram and iTunes for their own purposes?

Here are the examples I mentioned:

https://angel.co/pinshape
https://angel.co/viddy

Answers: 2 public & 0 private

F56b616a4f
Lawyer

Be aware that the reproduction of a trademark, even if it is a slavish ("verbatim") reproduction of a well-known brand, will constitute an infringement - legally speaking - only if the trademark that is so reproduced is intended for commercial use, regardless of the law to be applied.

If these start-ups simply illustrate their business model by simply referring to the popular brands without using them to offer for sale and sell identical and/or similar products or services designated by the said trademarks, they cannot be prosecuted for infringement.

However, one can imagine that other grievances may be objected as misleading advertising, damage to the image (eg the use of a car brand by gangsters in a video ...) or parasitism in some cases, but this is another topic...

13ac82468e
Patent Attorney

Simon I'd like to ask a sample like:
"john smith Hotel
Your new Hilton"

I see this as an infringement. I saw the samples of question. I could not accept them as infringment but my sample must be.

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