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Using Client Logos
techwhirl.com
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Question: I work for a consulting firm where we often use clients’ logos in the custom documents we produce, and our sales department also likes to use potential clients’ logos in sales presentations. When we’ve had difficulty getting an “official” logo file from a client (or haven’t wanted to ask a potential client), some of my colleagues simply scan a business card or download the logo from a web site. I’m concerned that this could be construed as trademark infringement, or at the very least a violation of the clients’ proper use guidelines. Is my concern justified? “Yes, your concern is justified, from both a legal and business relationship point of view.” First, it’s important to know what a logo really is, in the eyes of the law. A logo can constitute either a trademark and/or a copyrighted work.
Yes, your concern is justified, from both a legal and business relationship point of view. “A logo can constitute either a trademark and/or a copyrighted work.” According to the U.S. Lanham Act, a trademark is generally a “word, name, symbol, or device, or combination thereof” that is used to “identify and distinguish…goods, including a unique product, from those manufactured or sold by others and to indicate the source of the goods, even if that source is unknown.” Similarly, a service mark identifies and distinguishes services, rather than goods.