How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask BizIPEsq. Your Own Question

BizIPEsq.
BizIPEsq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 996
Experience:  I am a tech attorney and I represent clients with technology, internet and intellectual property matters
73280834
Type Your Intellectual Property Law Question Here...
BizIPEsq. is online now
A new question is answered every 9 seconds

Do I have to have permission to display items with logos such

Customer Question

Do I have to have permission to display items with logos such as Chiquita or Dole in my Banana Museum if I am charging admission?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  BizIPEsq. replied 1 year ago.

BizIPEsq. :

Hello, I will be assisting you

BizIPEsq. :

Question: what is the context of the display of the logos? Are they part of a product display?

Customer: Hi
Customer: Hi
My off beat museum consists of a collection of thousands of banana related items
Customer:

Hi My off beat museum consists of a collection of thousands of banana related items

BizIPEsq. :

You can display trademarks as part of the products they are part of

BizIPEsq. :

that is permitted under trademark fair use laws

BizIPEsq. :

you can include the trademarks in write ups as well, and it's best to note that "XYZ is the registered mark of ABC"

Customer:

Yes the banana items consist of chiquita or Dole etc. promotional items or banana dolls or banana artwork, pictures, ads, etc. but I wanted to make sure that buy charging admission to see them was ok.

BizIPEsq. :

absolutely fine to display products

BizIPEsq. :

and charge admissions for it

Customer:

I just recently my museum was filmed for a national tv show and the want me to sign a matierial release that says that anything displayed in my museum doesn't infringe on any third party and by signing it, if any claim arises after they air it falls on me. I am nervous about it because of so many difrent items that will show on film.

BizIPEsq. :

That is a standard release so nothing unique here. They are basically trying to cover their behind in the event that there is a TM infringement. For example of your museums logo is similar to Chiquita's logo...

Customer:

My logo is nothing like anybody else's logo but in my logo I did use a anthropormorphic banana character that I found on a free clip art website. Can I use free clip art in a logo?

BizIPEsq. :

that was just an example of an issue

BizIPEsq. :

I can go into more detail about what can be used in your logo under a different question if you'd like

BizIPEsq. :

in conclusion, it's ok to display product and the logo of companies that appear on the products

Customer:

Even if I am profiting from exhibiting them?

BizIPEsq. :

that is correct

BizIPEsq. :

Thank you for allowing me to assist you.

Customer:

I am validated by your answer. Thank you

BizIPEsq. :

Please rate my service. Without your rating I do not get compensated for my work

BizIPEsq., Attorney
Satisfied Customers: 996
Experience: I am a tech attorney and I represent clients with technology, internet and intellectual property matters
BizIPEsq. and 4 other Intellectual Property Law Specialists are ready to help you
Customer: replied 1 year ago.

I have one last question that pertains to my original question. Am I infrindging upon a trademark if I post a Facebook photo of a guest in my museum holding a big blowup Chiquita banana or wearing a jumpsuit with a dole logo on it, for example, on my Banana museum Facebook page?

Expert:  BizIPEsq. replied 1 year ago.
There is no bright line answer as to whether that would be infringment or not. It is more about how Chiquita will view it. They may believe that it somehow damages their brand and could raise a stink. At the same time they may approve that you are promoting the consumption of bananas...
Customer: replied 1 year ago.

Would they have to prove in court how the posting caused them damage or could they just say I had no permission to post somthing with their logo on it on my FB page?


 

Expert:  BizIPEsq. replied 1 year ago.
A TM owner does not have absolute control of its trademark. They can claim infringement in which case they would have to show that a confusion in the marketplace was created. Showing damages would be part of it.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Alex Reese

    Lawyer

    Satisfied Customers:

    2588
    Experienced in intellectual property law
< Last | Next >
  • http://ww2.justanswer.com/uploads/sosolid007/2010-08-05_070536_Suitpic.jpg Alex Reese's Avatar

    Alex Reese

    Lawyer

    Satisfied Customers:

    2588
    Experienced in intellectual property law
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg Robert McEwen, Esq.'s Avatar

    Robert McEwen, Esq.

    Lawyer

    Satisfied Customers:

    387
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/tswartz123/2010-02-08_225658_Tommy.jpg Thomas Swartz's Avatar

    Thomas Swartz

    Lawyer

    Satisfied Customers:

    374
    Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    371
    I assist my clients with IP questions that arise in their daily course of doing business.
  • http://ww2.justanswer.com/uploads/personwilt/2010-1-10_164828_person1.jpg Wilton A. Person's Avatar

    Wilton A. Person

    Lawyer

    Satisfied Customers:

    339
    MBA, Experienced and Knowledgeable in Intellectual Property Law
  • http://ww2.justanswer.com/uploads/BA/bart0358/2012-1-23_232424_1056.64x64.JPG BartEsq's Avatar

    BartEsq

    Researcher

    Satisfied Customers:

    192
    Juris Doctor
  • http://ww2.justanswer.com/uploads/IP/ipesq/2012-1-9_164431_RetouchPortraitHighResCopy.64x64.jpg ipesq's Avatar

    ipesq

    Lawyer

    Satisfied Customers:

    134
    Specializing in patent prosecution, trademark and copyright registration/enforcement.
 
 
 

Related Intellectual Property Law Questions