When Making a Flyer Do You Have to Get the Rights to Use Other Organization Labels?

Designers of flyers, brochures and websites may sometimes want to include an organization's official logo. In general, a company or organization uses a trademarked logo to indicate that company's endorsement of an idea or that it made a product. However, graphic designers may use logos without authorization as long as they are not misleading the reader.

U.S.Trademark Law

In the United States, companies and organizations protect their official logos by obtaining a trademark from the U.S. Patent and Trademark Office. The holder of a trademark can sue for infringement if another person uses the logo to indicate endorsement of a good, service or idea.

Likelihood of Confusion

The Supreme Court set the standard of "likelihood of confusion" for trademark infringement in the case of Polaroid Corp. v. Polarad Elect. Corp. in 1961, according to the Harvard University website. In order to win an infringement case, a plaintiff must show that the defendant used a logo in a way that would confuse a customer.

Fair Use

Trademark laws do allow for the same "fair use" as copyright laws. That means a designer could use a trademarked logo if she is talking about a product, company or organization as long as the context does not indicate endorsement. Additionally, designers may use a logo as part of satire.

References

• Harvard University: What Constitutes Trademark Infringement?
• Electronic Frontier Foundation: Questions about Copyright
• BitLaw: Web Site Legal Issues

Resources

• U.S. Patent and Trademark Office