Subject:
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Re: Lego logo on auction pages? (Was: Soft Bricks on ebay!)
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Newsgroups:
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lugnet.market.theory
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Date:
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Tue, 4 Jun 2002 16:30:24 GMT
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Viewed:
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1328 times
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In lugnet.market.theory, Will Middelaer writes:
> The other question, about using an idealized version of logo to enhance or
> dress up an auction listing it is the tougher question. Such a use involves
> not only copyright law but trademark law as well. If used merely to
> describe the manufacturer of the goods than generally the use would be
> allowed. If, however, the use tended to confuse viewers of the listing as
> to who was selling the set, then it might violate the trademark holder's
> rights. (I suppose this could also be extended to users who choose UserID's
> that might appear to be affiliated directly with Lego Corp. itself.) The
> question here is one of identity, and since Lego Corp. uses the logo both
> for products and for consumer direct sales, both on ebay and elsewhere, the
> use of the logo might confuse bidders.
That was my feeling-- so about the only recourse legally for the seller
would be to argue that the logo was meant to further describe the product.
Not that I think it would quite hold up in court in this example, being that
the background image was set to be a wallpaper of Lego logo's.
DaveE
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