Tiki® is a registered trademark - General Tiki

L Leilehua Grand Member (2 years) Joined: Jun 24, 2015 Posts: 56	L Leilehua Posted posted on Thu, Jun 25, 2015 10:49 AM On changing part of a design or logo, the test is can people still mistake it for the "parent" logo. If it could reasonably confuse people as to which is the original, then it is not legal. If the change is significant enough that it will not confuse people it MAY be ok. The exception is satire used in a journalistic setting, or fair use in reporting: "Kaha Nuhou, the owner of XYZ(R) Company said, 'Blah, blah, blah.'" "Waha Nui, the owner of XWhyZ Company said, 'Blah, blah, blabitty.'" This is repeatedly tested in the courts, and so far we are holding the line on the side of fair use, but I fear that as large corporations become ever more powerful, that right may eventually be overturned.

On changing part of a design or logo, the test is can people still mistake it for the "parent" logo. If it could reasonably confuse people as to which is the original, then it is not legal. If the change is significant enough that it will not confuse people it MAY be ok. The exception is satire used in a journalistic setting, or fair use in reporting:

"Kaha Nuhou, the owner of XYZ(R) Company said, 'Blah, blah, blah.'"

"Waha Nui, the owner of XWhyZ Company said, 'Blah, blah, blabitty.'"

This is repeatedly tested in the courts, and so far we are holding the line on the side of fair use, but I fear that as large corporations become ever more powerful, that right may eventually be overturned.

Post #745550 by Leilehua on Thu, Jun 25, 2015 10:49 AM