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Subject: 
Re: Lego logo on auction pages? (Was: Soft Bricks on ebay!)
Newsgroups: 
lugnet.market.theory
Date: 
Tue, 4 Jun 2002 16:30:24 GMT
Viewed: 
1364 times
  
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



Message is in Reply To:
  Re: Lego logo on auction pages? (Was: Soft Bricks on ebay!)
 
(...) You ask good questions. One of them I can answer rather quickly, the other is a bit tougher. First, copyright does not confer to a copyright owner the right to stop people from displaying goods, or pictures of the goods, for sale. See U.S. (...) (22 years ago, 4-Jun-02, to lugnet.market.theory)

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