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

This answer was rated:

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?

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. :

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Customer: replied 4 years 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?

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 4 years 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?


 

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.

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