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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: 
3734 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. (...) (24 years ago, 4-Jun-02, to lugnet.market.theory)

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