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Author Topic: Copyright infrigment? Protection with Disclaimer?  (Read 732 times)

jmike

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Copyright infrigment? Protection with Disclaimer?
« on: 02-21-12 at 11:14 pm »

So I came across a sticker company that is selling other companies logos as stickers and they had disclaimer below posted at the bottom of their page. Does this protect them in any way? I work in the graphic design and media design business and have a somewhat good hold on copyright and trademark uses. But it seems like this website profits alot off of other companies and trys to put the blame on a customer buying the product should an issue arise.
Hopefully I can get some insight and opinions on this matter, Thank you.

Note: "Company" does not (necessarily) have an affiliation or agreement with any displayed companies, nor the authority to reproduce their logos (with some exceptions).  Any company or product logos displayed on this site are the property and/or registered trademarks of their respective owners, and are provided as a convenience only for their lawful use by owners, dealers, agents, resellers, and sponsorship recipients. It is the expressed intent of "Company" that lawful reproduction of the aforementioned designs shall be the sole responsibility of the purchaser.  Purchase of any product from "Company" is not authorization for the use of any specific logo or trademark.  By clicking the "Add to Cart" button you convey to "Company" you have authority (if required) to use the above artwork.  Please see this page for more details on this FREE ADVERTISING PROGRAM.  If your company logo is listed on this site and you would like it to be removed, please send me an email with details for a prompt resolution.
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NJ Patent1

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Re: Copyright infrigment? Protection with Disclaimer?
« Reply #1 on: 11-08-12 at 11:08 pm »

So I came across a sticker company that is selling other companies logos as stickers and they had disclaimer below posted at the bottom of their page. Does this protect them in any way? I work in the graphic design and media design business and have a somewhat good hold on copyright and trademark uses. But it seems like this website profits alot off of other companies and trys to put the blame on a customer buying the product should an issue arise.

As far as I am aware, the "disclaimer" means absoluitely nothing at law, IF the logos are copyrighted (ok from fixation they were - a jurisdictional isssue).  One cannot disclaim or "mea culpa" themselves out of  (C) infringement (I didn't mean to copy, really your Honor).  What are the "some exceptions" granting right to reproduce?

If I am counsel for (C) owner. I'm comming after you "tooth-and-nail",  unless it is my client's best interestes to not do so.  Is this really a (C) issue or a (R) issue???
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artchain

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Re: Copyright infrigment? Protection with Disclaimer?
« Reply #2 on: 11-09-12 at 09:00 am »

Interesting question.   My wife runs a graphic design firm.  Among other things, they design ads for retailers.  They have a library of logos for major brands.  I understand that trademark issues, if any, would be determined by how the logos are used in the ads.

But I have always wondered how companies can sell libraries of logos without violating copyrights.  Is there some fair use consideration here that I am missing?  Or is it just "not in the best interests" of the various companies to go after them?

Several companies sell these libraries, and they are certainly not low profile. 
 



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