QUESTION
I want to use a logo in a painting I am doing how do I do that without plagiarizing?
Asked on Nov 09th, 2012 on Entertainment Law - Oregon
More details to this question:
I have called Nike and they said that it is up to me if I am able to use it in the painting. They said they wouldn't sue someone if it was a tattoo but had nothing about their logo being on a painting. I just need to know if I am able to use the logo and not be fined or sued by the company about using their logo.
1 ANSWER
Theodore M. Roe
Unless your use falls under the Fair Use Doctrine, i.e., is being used for parody, education or news then you must obtain an appropriate license. Just because it's a painting and not a tattoo or a video game or a poster it make's no difference. Changing the media in which the trademark is displayed does not alter the rights of the trademark holder to sue for infringement.
Answered on Nov 14th, 2012 at 2:44 AM