Use of logos in corporate video at DVinfo.net

Chris Sebes · February 15th, 2005, 09:42 AM

We're finishing up a corporate video for a used and rebuilt parts supplier company of construction equpment. At one point in the video the logos and accompanying voiceover list the manufacturers that they supply parts for. I'd like to put some sort of disclaimer at the end of the video to cover some butts. Anyone have suggestions?

Thanks much.
Peace!
Chris Sebes

Bob Costa · February 15th, 2005, 11:46 AM

Try this one.

All trademarks used by permission of the various trademark owners.

Chris Sebes · February 15th, 2005, 06:53 PM

Well, that's just it. There's about 10 or 12 logos and no permission was ever recieved (or sought) from any of the companies. I'm wondering how much one is needed, now that I think about it. I'm wondering if it equates to a used car dealership advertising the cars they sell. Do they have a disclaimer? I don't think I've seen one. My client just wants to be safe rather than sorry.

I did find this one and changed it to suit my needs...

Companyname, all video, custom graphics, and animations are service marks and/or trademarks of Companyname. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Opinions?

Bob Costa · February 15th, 2005, 07:01 PM

If your client has relationships with these companies, I suspect they are already authorized to use the logos on product and business advertising. This is a pretty standard clause in most manufacturers contracts. They may be required to provide a copy of ad after the fact, or get script approval first, or comply with corp standards for size, color, etc. It is usually spelled out in contract, or else in a separate "co-marketing agreement".

That is where I would start. Barrring that, I would spend the $50 to have an attorney review that sentence and give you an opinion. But good luck.

Paul Tauger · February 16th, 2005, 01:09 PM

You cannot assume that an existing relationship with a company includes a license to use their logos.

Logos are protectable both as trademarks and as copyright-protected expression. I can't tell from your description whether using the logos as you propose would constitute infringement of either right.

Best consult an attorney and/or get a rock-solid indemnification agreement from your client.

Chris Sebes · February 16th, 2005, 01:42 PM

Thanks for the tips. For clarifications, here's how that section of the video goes...

GFX: Main Company logo disolves onto screen:

VO: "The company processes products from major manufacturers including Komatsu, Case, Daewoo, Caterpillar, Kobelco, and Kawasaki."

GFX: As the logos are read, each of the resepctive logos appears until the screen if filled with logos.

The video then goes into what the Main Company does in their dismantling proceedures.

Becuase of your suggestions, I just called the owner of the company and suggested he have his lawyer look at the video. Better to be safe than sorry. Thanks much for the help, everyone.

I'll post back when I find out what the lawyer says.

Paul Tauger · February 16th, 2005, 03:14 PM

Chris, I can't provide legal advice to non-clients, so I can't offer a specific recommendation here. Note, though, that the "additional information" needed to make a determination is seeing the entire video and knowing the context in and purpose for which it will be used.

Chris Sebes · February 16th, 2005, 06:18 PM

I understand. One section of the video doesn't say what the whole video is about. I appreciate the "non-advice."

Their lawyers did say that to make it completely official the company should have written permission from those other companies to use their logos. They *could* take a chance and just make the DVD as-is, but there are going to be some big muckety-mucks at the trade show they're attending (the first reason for the DVD) and they don't want to chance pissing someone off. I can't blame them.

Time has run out to get these permission slips, so we'll have to re-edit that section for viewing at the trade show. What we *will* do is get that paperwork in progress to have it for replication of their disc.

Thanks again, all.

February 15th, 2005, 09:42 AM	#1
Chris Sebes New Boot Join Date: Feb 2004 Location: Northern New Jersey Posts: 24	Use of logos in corporate video We're finishing up a corporate video for a used and rebuilt parts supplier company of construction equpment. At one point in the video the logos and accompanying voiceover list the manufacturers that they supply parts for. I'd like to put some sort of disclaimer at the end of the video to cover some butts. Anyone have suggestions? Thanks much. Peace! Chris Sebes __________________ Peace! Chris

February 15th, 2005, 11:46 AM	#2
Bob Costa Major Player Join Date: Nov 2004 Location: Venice, FL Posts: 850	Try this one. All trademarks used by permission of the various trademark owners. __________________ You are either growing or dying.

February 15th, 2005, 06:53 PM	#3
Chris Sebes New Boot Join Date: Feb 2004 Location: Northern New Jersey Posts: 24	Well, that's just it. There's about 10 or 12 logos and no permission was ever recieved (or sought) from any of the companies. I'm wondering how much one is needed, now that I think about it. I'm wondering if it equates to a used car dealership advertising the cars they sell. Do they have a disclaimer? I don't think I've seen one. My client just wants to be safe rather than sorry. I did find this one and changed it to suit my needs... Companyname, all video, custom graphics, and animations are service marks and/or trademarks of Companyname. All other trademarks, product names and company names or logos cited herein are the property of their respective owners. Opinions? __________________ Peace! Chris

February 15th, 2005, 07:01 PM	#4
Bob Costa Major Player Join Date: Nov 2004 Location: Venice, FL Posts: 850	If your client has relationships with these companies, I suspect they are already authorized to use the logos on product and business advertising. This is a pretty standard clause in most manufacturers contracts. They may be required to provide a copy of ad after the fact, or get script approval first, or comply with corp standards for size, color, etc. It is usually spelled out in contract, or else in a separate "co-marketing agreement". That is where I would start. Barrring that, I would spend the $50 to have an attorney review that sentence and give you an opinion. But good luck. __________________ You are either growing or dying.

February 16th, 2005, 01:42 PM	#6
Chris Sebes New Boot Join Date: Feb 2004 Location: Northern New Jersey Posts: 24	Thanks for the tips. For clarifications, here's how that section of the video goes... GFX: Main Company logo disolves onto screen: VO: "The company processes products from major manufacturers including Komatsu, Case, Daewoo, Caterpillar, Kobelco, and Kawasaki." GFX: As the logos are read, each of the resepctive logos appears until the screen if filled with logos. The video then goes into what the Main Company does in their dismantling proceedures. Becuase of your suggestions, I just called the owner of the company and suggested he have his lawyer look at the video. Better to be safe than sorry. Thanks much for the help, everyone. I'll post back when I find out what the lawyer says. __________________ Peace! Chris

February 16th, 2005, 01:09 PM	#5
Paul Tauger Wrangler Join Date: Sep 2002 Location: Los Angeles (recently from San Francisco) Posts: 954	You cannot assume that an existing relationship with a company includes a license to use their logos. Logos are protectable both as trademarks and as copyright-protected expression. I can't tell from your description whether using the logos as you propose would constitute infringement of either right. Best consult an attorney and/or get a rock-solid indemnification agreement from your client.

February 16th, 2005, 03:14 PM	#7
Paul Tauger Wrangler Join Date: Sep 2002 Location: Los Angeles (recently from San Francisco) Posts: 954	Chris, I can't provide legal advice to non-clients, so I can't offer a specific recommendation here. Note, though, that the "additional information" needed to make a determination is seeing the entire video and knowing the context in and purpose for which it will be used.

February 16th, 2005, 06:18 PM	#8
Chris Sebes New Boot Join Date: Feb 2004 Location: Northern New Jersey Posts: 24	I understand. One section of the video doesn't say what the whole video is about. I appreciate the "non-advice." Their lawyers did say that to make it completely official the company should have written permission from those other companies to use their logos. They could take a chance and just make the DVD as-is, but there are going to be some big muckety-mucks at the trade show they're attending (the first reason for the DVD) and they don't want to chance pissing someone off. I can't blame them. Time has run out to get these permission slips, so we'll have to re-edit that section for viewing at the trade show. What we will do is get that paperwork in progress to have it for replication of their disc. Thanks again, all. __________________ Peace! Chris