Re: Using "dead" trademarked logos on a website

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

Comments:
: : 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. : Dear Jerry, : A copyright protects against the copying of a work that has been created. The trademark identifies a good or service. The use or reproduction of a trademark, in a context that does not infringe nor mislead is not an infrigement. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 3008 Johnson Ave., New York, NY 10463 : 7185430266, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive™ : Reality Check®

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