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  • #978145
    dancohen
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    Hi
    I am searching for some help regarding a legal issue:

    I wish to make a business card which will show a “google search” result. It is a problem to use a card like that? Also, if it IS a problem- will removing the Google logo whilst still keeping all other text and search box be a good solution?

    I included a link to a pic to demonstrate what I had in mind(the pic is not mine, it’s just where I got the idea :)

    http://www.google.co.il/imgres?imgurl=http://img.labnol.org/di/card.jpg&imgrefurl=http://www.labnol.org/internet/google-on-business-card/6991/&h=384&w=500&sz=22&tbnid=nBqRI7N-8-ZMoM:&tbnh=92&tbnw=120&zoom=1&docid=35WxeuTmiW4CZM&sa=X&ei=s760T47_NMih4gSPr6n4DQ&ved=0CHQQ9QEwAg&dur=227

    Thanks :)

    #1105000
    DJ_m
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    You are just replicating information that is in the public domain. I doubt this cold be considered infringement of the mark. You are not claiming to be Google or otherwise associated with them. I’m sure you will be fine.

    Your absolute worst case scenario would be some form of cease and desist letter from Google, which would be highly unlikely and also cheap and easy to fix should it occur.

    #1105001
    dancohen
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    thanks DJ!
    I’d be glad to hear more answers and thoughts ….
    :)

    #1105002
    DJ_m
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    dancohen, post: 116468 wrote:
    thanks DJ!
    I’d be glad to hear more answers and thoughts ….
    :)

    If you want them then you’ll get them. And they’ll likely be from far left to far right and everywhere in-between. Just add a big shake of common sense to whatever advice you receive.

    #1105003
    T J Madigan
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    #1105004
    victorng
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    DJ_m, post: 116463 wrote:
    You are just replicating information that is in the public domain. I doubt this cold be considered infringement of the mark. You are not claiming to be Google or otherwise associated with them. I’m sure you will be fine.

    The suggestion that you can just ‘replicate information that is in the public domain’ is wrong, terribly wrong, advice. Oh look, Coca Cola have their logo on their public website so I’ll just use it for my business. Hey, The Age Online publishes news articles in the public domain, I’ll just copy and paste slabs of the stuff into my news website, great!

    DJ_m, post: 116463 wrote:
    Your absolute worst case scenario would be some form of cease and desist letter from Google, which would be highly unlikely and also cheap and easy to fix should it occur.

    No, not really.

    DJ_m wrote:
    Just add a big shake of common sense to whatever advice you receive.

    True – and that includes figuring out whether people have any actual experience or knowledge about what they’re talking about.

    #1105005
    JacquiPryor
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    Hi Dancohen,

    Make sure you read the information from T J’s link and understand that information – if you don’t really understand it – seek advice to be sure that you do.

    Your absolute worst case scenario would be some form of cease and desist letter from Google, which would be highly unlikely and also cheap and easy to fix should it occur.

    As Victor stated – no, not really… I would say that a law suit against you would be a worse case scenario than a cease & desist letter? Spending thousands and thousands of dollars defending yourself (or having to fold because you can’t afford it…) Whilst I agree that such is unlikely, and more often than not a letter would be sent first – the owner of IP is not required to send a letter first and is entitled to launch straight into action against anyone they feel is infringing their rights… Even if they sent a letter first, they may demand that you pay them money still for any costs that they have had, or damages they believe they have endured etc…

    So, a letter is certainly not the worse case scenario… Familiarise yourself with Google’s permissions in terms of use of their branding and don’t do/use anything that contravenes their terms.

    #1105006
    Kennethti
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    Chiming in – I echo Jacqui and Victor’s concerns. But it’s not just that – it’s not just a question of logos. If you copy the look and feel, or if your cards aren’t clear enough, you might be considered to be engaging in misleading or deceptive conduct in that some people might think they are dealing with google rather than you.

    Care must be taken in matters where you make reference to another service.

    #1105007
    james@roadcamel
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    Ha! That is awesome!
    (Sorry.. I don’t have any legal knows to contribute, but I had to say how awesome that card design is! Damn clever.. wish I thought of it :p)

    #1105008
    Brett N/Nerds Computer
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    First I am not a lawyer, what I am saying is general and should not be followed. If you do I will not accept any responsibility for any problems it causes you.

    That said sorry if I am raining on your parade but such actions are a clear violation of the intellectual property laws (see the link below). Why don’t you make something that looks a bit like it but is not a direct copy. People will get the idea. There are plenty of cases where what is being done is more ambiguous that this and the parties involved still loose.

    You might like to look up the case of Desktop Marketing Systems Pty Ltd v Telstra Corporation Limited – High Court (2002). This case concerned copying content of from the white pages. It was held that copyright in directories and other ‘lists’ exist on the basis of sweat of the brow. This was held irrespective of any “creative” elements. If Telstra could win this case then you do not stand a chance against Google should they decide to pursue you.

    You might like to read the act itself: http://www.austlii.edu.au/au/legis/cth/consol_reg/cr1969242/ but the best thing is to see a lawyer (remember I am not a lawyer).

    Good luck!

    #1105009
    Cable Guy
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    The most prominent thing on that card is the Google logo, you are not representing Google so why have it on your card?
    Re copyright/trademark – I agree with the others – just because it’s in the ‘public domain’ does not make it fair game, ethically or to the best of my knowledge, legally.

    Regards,
    Michael

    #1105010
    james@roadcamel
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    Cable Guy, post: 116755 wrote:
    The most prominent thing on that card is the Google logo, you are not representing Google so why have it on your card?
    Re copyright/trademark – I agree with the others – just because it’s in the ‘public domain’ does not make it fair game, ethically or to the best of my knowledge, legally.

    Regards,
    Michael

    Because it’s damn eye-catching, that’s why!
    There’s no confusion that it’s not a business card for any affiliate of Google – it wouldn’t make sense without the logo; people can relate to the whole layout of it.

    #1105011
    marnieb
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    I’m honestly not sure what the answer is, but I’d be pretty damn flattered if I was Google and I’d gotten that big! ;)

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