Hey guys I was wondering the laws on making models such as Monters logo… RedBull or logos of local compagnies and putting them online … is this legal ? Im asking because there is a local compagny a Hockey team that called me and told me that I cannot use or put their logo online in any way. Thanks
Trademark can prevent its use (25 chairs) …
i dont understand, sorry my french meaby ? haha
Trademark law protects a logo design, word mark or any other brand identifier from being used by another party (you, in this case) without written authorisation from the lawful owners.
One should never use a trademarked logo without permission, even if it’s for personal use, as such actions often result in having serious legal issues (lawsuits).
Thanks a lot drakko, does this mean everyone using monster or redbull logo or any other compagnies logo here could get sued ??
If caught, yes, definitely. There are plenty of cases, and not just in the US… there are in the EU, Canada, India…
It’s not that black and white… google “fair use visual arts”…
Do try to make the distinction between what are trademarks and what is copyright from legal perspective…and how do they work…
Actually, take your own advice and google it…
Same difference…
‘Fair Use’ of a Trademark
Fair use is basically a defence to trademark infringement, as well as copyright infringement. The fair use defence essentially requires the court to ask is the use of the trademark against the trademark owners rights fair? If the use is fair, then trademark infringement did not occur in the circumstances.
Two general instances allow someone to fairly use a registered trademark without obtaining prior permission. These two circumstances include:
- Descriptive Fair Use and,
- Intended Purpose Fair Use.
yeah but im not showing my work here i think as i am giving stl and printable models ?
Ask yourself what are you going to do with those stl and printable models? Keep them to yourself, or are you going to distribute (or sell) them to a larger audience (that’s, anyone else besides yourself) ? Also, even if the so called “fair use” could potentially apply to what you are intending to do with those registered logos, are you prepared (mentality and financially) to go through a very likely difficult, quite lengthy and (very) costly trial to defend yourself against those companies willing to take you down? Just asking (rhetorically)…
In the end you may do as you wish. However, I do recommend doing your homework (research), before using those stl files, on how many “fair use” claims have succeeded in court, and also check if the existing jurisprudence applies (meaning, is accepted) in the jurisdiction where you live. Then ask yourself, is it worth the risk? Your call.
thats why I am asking here for help thanks a lot for your help I appreciate it btw
Yes it is illegal. Most companies wouldn’t bother or care if you’re not making a profit or disrupting their business in any way. But if they’ve told you to remove it, you are required to do so or they can take legal action. Assuming they actually have the rights to the logo.
As far as the fair use guy goes, “fair use” will essentially never apply to any 3d model that you’d upload, ever.