Home – New Forums Marketing mastery Using well known brand in a catchphrase

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  • #977912
    AgentMail
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    Hi All,

    This is a bit of a weird question, but I wondered if it is a trademark or copyright or breach of any kind to use another companies name or product name in my own marketing.

    What I mean by this is, if I were to say AgentMail, the Pepsi of the mail industry (referring to the less known but better quality product), would this be in breach of anything, or would I need to get permission from Pepsi for this?

    This is just an example, I have no intention of branding myself as the Pepsi of the mail industry :)

    #1103082
    Past-Member
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    Sorry, but you are definitely breaching copyright. I think you probably realise that now anyway. :)

    Better to say you are a specialist or similar.

    #1103153
    Past-Member
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    Sorry, but you are definitely breaching copyright. I think you probably realise that now anyway. :)

    Better to say you are a specialist or similar.

    #1103156
    JacquiPryor
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    Brands will likely be protected by Trademark Registration. Generally speaking, this sees protection for particular goods/services – i.e. Pepsi would be protected for soft drink products and not mail services.

    However, in the case of famous or well-known brands, you can infringe the rights even when you use that name (or deceptively similar name) on unrelated goods/services to those registered. Because they are well known, your use of the same name would likely be taken as an indication that you are somehow affiliated.

    All in all, best not to use someone else’s brand without their authorisation to do so.

    #1103084
    JacquiPryor
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    Brands will likely be protected by Trademark Registration. Generally speaking, this sees protection for particular goods/services – i.e. Pepsi would be protected for soft drink products and not mail services.

    However, in the case of famous or well-known brands, you can infringe the rights even when you use that name (or deceptively similar name) on unrelated goods/services to those registered. Because they are well known, your use of the same name would likely be taken as an indication that you are somehow affiliated.

    All in all, best not to use someone else’s brand without their authorisation to do so.

    #1103157
    DavidM
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    Yup. I’m no lawyer but don’t go trading off the intellectual property of other brands. You are asking for trouble. When in doubt ask yourself if you have seen any other businesses do the same thing. If not there’s a good chance that you are not allowed to.

    #1103086
    DavidM
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    Yup. I’m no lawyer but don’t go trading off the intellectual property of other brands. You are asking for trouble. When in doubt ask yourself if you have seen any other businesses do the same thing. If not there’s a good chance that you are not allowed to.

    #1103088
    Kennethti
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    The answer is don’t do it.

    #1103160
    Kennethti
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    The answer is don’t do it.

    #1103090
    bluepenguin
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    I’m not condoning anything here, but although it’s technically wrong, tshirt companies do this all the time:

    They whack the face of a celebrity on their shirts without authorisation and use the appeal to sell stacks of shirts until they either decide to discontinue that design or they get a cease and desist letter – which comes long after they’ve filled their bank accounts.

    They bank on the celebrities’ management either not caring, or not wanting the hassle of legal procedures.

    #1103161
    bluepenguin
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    I’m not condoning anything here, but although it’s technically wrong, tshirt companies do this all the time:

    They whack the face of a celebrity on their shirts without authorisation and use the appeal to sell stacks of shirts until they either decide to discontinue that design or they get a cease and desist letter – which comes long after they’ve filled their bank accounts.

    They bank on the celebrities’ management either not caring, or not wanting the hassle of legal procedures.

    #1103092
    JacquiPryor
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    Bluepenguin’s post opens a whole new can of worms ;) The degree of ‘fame’ the celebrity has would need to be assessed; who and where did the ‘photographs’ or images come from? Did the person making the t-shirt make any claim that they had permission or were somehow ‘endorsed’ by the celebrity + more … many factors go into whether you can/cannot use someone’s likeness commercially, with each case likely to be a bit different to the next.

    #1103164
    JacquiPryor
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    Bluepenguin’s post opens a whole new can of worms ;) The degree of ‘fame’ the celebrity has would need to be assessed; who and where did the ‘photographs’ or images come from? Did the person making the t-shirt make any claim that they had permission or were somehow ‘endorsed’ by the celebrity + more … many factors go into whether you can/cannot use someone’s likeness commercially, with each case likely to be a bit different to the next.

    #1103094
    Gordan
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    I’ve seen other businesses do it before, but not sure if they were allowed to or not (i dont think so).

    Generally speaking, what is the process if someone breaches trademark/copyright laws? Is there a warning first?

    Research the process first, if its just a warning first with no other penalties, then I would say go ahead. And if you get warned, then stop it.

    #1103165
    Gordan
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    I’ve seen other businesses do it before, but not sure if they were allowed to or not (i dont think so).

    Generally speaking, what is the process if someone breaches trademark/copyright laws? Is there a warning first?

    Research the process first, if its just a warning first with no other penalties, then I would say go ahead. And if you get warned, then stop it.

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