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

質問

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

回答: 2 公開 & 0 非公開

F56b616a4f
弁護士

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
弁理士

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.

最近の質問

Do people really steal invention ideas?

I sometimes see questions on forums like Quora about how to stop people stealing your invention i...

4 5386 2
Is interpretation of known historical facts protectable under copyright law?

I am looking for useful sources on protecting copyright. I am in the process of writing a book ba...

3 6115 2
Fair Use and news feeds

What is the current wisdom on compiling news feeds on a third party website so far as copyright i...

1 3962 0
Looking for good patent firm

How to find a good patent firm to help me apply patent in USA

3 4320 2
What constitutes 'prior disclosure'?

This might be a silly question but I’m a bit confused by ‘prior disclosure’ as it applies to pate...

2 4823 1

発明や知的財産について質問はありますか?
既存の質問を検索するか、専門家ディレクトリで専門家に直接お問い合わせ下さい。
(このページでは、新規の公開質問は受け付けておりません。)