Re: Using "dead" trademarked logos on a website

Subject: Re: Re: Using "dead" trademarked logos on a website

Comments:
: Dear Jerry, : Im just a second year law student so please don't take anything I say as legally binding. : If I understand your question correctly, you are asking me if old trademarks can somehow fall into the public domain so that you can display them on your webpage without fear of infringement. : First, while trademarks can fall into the public domain, not every trademark labeled as "abandoned" or "dead" has done so. : Determining whether or not a dead or abandoned mark is safe for you to use requires a multi-factored analysis that is best performed by an attorney. : Second, not every use of another's trademark on your website will constitute infringement. The law does allow such use in a number of circumstances (this is known as "fair use"). HOwever, again, this requires an individualized analysis of your circumstances. : Without any more facts, this is all I can tell you. : Hope that helps, : Jason Yearry : : : I am an internet awardsite evaluator and I visit to evaluate many railroad-related websites that use logos on their sites. From what I can gather, NO site, either personal or not, can use a trademarked logo unless they get permission from the trademark owner. But what if the logo is listed as "dead." For example the PRR, NYC or Chessie. The content is usually about (descriptive) the particular railroad and the trademarks are used as decoration. Is this an infringement? : : As I understand the dead companies are owned by current railroads or companies, yet the trademarked names are listed by the United States Patent and Trademark Office as either abandoned or expired. : : Any help in answering this would be appreciated.

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