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Subject:
Use another companys name / trademark for my own advertisment?
Category: Relationships and Society > Law Asked by: batzu-ga List Price: $10.00 |
Posted:
15 Nov 2005 14:07 PST
Expires: 15 Dec 2005 14:07 PST Question ID: 593425 |
I own a do-it-yourself gardening company, I would like to do some news print advertising next month, and would like to use the phrase ?we are the IKEA of home gardening? is it legal to use another company name as your tag line? |
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There is no answer at this time. |
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Subject:
Re: Use another companys name / trademark for my own advertisment?
From: elids-ga on 15 Nov 2005 15:31 PST |
I'm almost positive that you can. I remember reading years ago about this and one of the examples they gave as a brand name that had lost it's branding characteristics because of product popularity was 'fridge'. Although fridge is short for the brand name Frigidaire, by fridge almost everybody understands that you are refering to any refrigerator and not necessarily a refrigerator by Frigidaire. When that happens a 'brand name' looses it's copyright protection, that's why companies want their brands to be well known but not so popular that they become a word rather than a brand. So, I believe you should be able to say "we are the IKEA of..." implying a market position of some kind. Eli |
Subject:
Re: Use another companys name / trademark for my own advertisment?
From: russtyles-ga on 15 Nov 2005 17:42 PST |
There was also that court case concerning Xerox, Kleenex, and Crayola's names that they lost, giving people free-reign over those formerly copyrighted names. |
Subject:
Re: Use another companys name / trademark for my own advertisment?
From: nelson-ga on 15 Nov 2005 19:17 PST |
IKEA is not generic enough. You can get in trouble. Consult a lawyer. |
Subject:
Re: Use another companys name / trademark for my own advertisment?
From: clevegal42-ga on 18 Nov 2005 22:22 PST |
Not being legal advice, I don't think Ikea is in the same realm as Crayon, Xerox and Kleenex, it is too unique and not generic and common enough. I buy "do it yourself" furniture all the time, I've never called it Ikea, but when I sneeze I grab a kleenex no matter the brand. You could try it, but Ikea might not like it. They'd probably ask you to stop using it before they sued you though. If you do try to get away with it, you should attribute that it is the TM/registered trademark of the company in your ad. And to be honest, for as big as they say Ikea supposedly, I never heard of it until about a year ago, so that might not be the best way to market your company - potential customers might not have any idea what it is. |
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