Thread: Beyond bogus
View Single Post
Old 04-17-18 | 11:50 AM
  #50  
njkayaker
Senior Member
15 Anniversary
Community Builder
 
Joined: Sep 2007
Posts: 15,336
Likes: 1,789
From: Far beyond the pale horizon.
Originally Posted by kbarch
Granted, reproducing the kit in its entirety for generally the same purpose (to be worn by cyclists) is absolutely not fair use of the design of the kit. However, the issue of fair use of the individual brand designs that happened to be on the original kit design is a separate question. Significantly, (with the exception of the maker's mark) it is not branding per se, but advertisement - no reasonable person would assume that the kit had anything to do with soap or coffee.
The fair use issues are not at the level of the kit. It's at the level of the brand design/logo. It's not really advertisement unless the company says so. "You" can't really make that choice for the company.

You can't print a Coca Cola logo on a shirt without permission of the copyright/trademark holder. You can't just copy stuff (that's not fair use) if somebody holds the rights.

Last edited by njkayaker; 04-17-18 at 12:24 PM.
njkayaker is offline  
Reply