The Ultimate Guide to Logo Fair Use

1. ✅ Referring: One of the most common principles of fair use is to cite a brand using their logo. For example, a stock trading app might feature each company's logo to clearly identify the brands.

2. ✅ Commentary: You can use a logo when discussing or reviewing a company or its products. For instance, a tech blogger might include a logo in a review of a new smartphone to add relevance.

3. ✅ Educational: Logos can be used in educational contexts, like school projects or presentations analyzing branding strategies. A marketing class might use a logo to explore a company’s branding approach.

4. ✅ Parody or Satire: Logos can be used in parodies, as long as it’s clear the intent is humorous and not commercial. A comedic take on a brand’s ad campaign, using its logo, falls under fair use if it’s obviously a joke.

1. ❌ Commercial Use: Using a third party logo to on your own products or services is not fair use. For instance, placing a famous logo on merchandise without permission is likely trademark infringement.

2. ❌ Confusing Similarity: Any use that might mislead consumers into believing your business is affiliated with the logo owner is not fair use. Using a well-known logo on your website to imply a false affiliation can lead to legal issues.

3. ❌ Trademark Damage: If your use of the logo harms the reputation of the brand or makes it look bad, this is not fair use. For instance, using a logo in a way that insults the company can get you into trouble.

4. ❌ Imitating the Logo’s Style: Copying a logo’s style doesn’t qualify as fair use. Creating a similar logo to mimic a well-known brand violates trademark law.

• What happened: In the movie, a character is seen carrying a bag that looks like a Louis Vuitton bag. The character even refers to it as a "Louis Vuitton" bag in a scene. However, the bag was actually a fake (a knockoff), not a real Louis Vuitton product.

• Designation of Origin: Do you use the logo of a third party in a way that leads others to think your product could come from that third party? If yes, it’s likely not fair use.

• Market: Will your use of the logo hurt the company’s ability to make money from it? If your use is unlikely to diminish the brand’s revenue or market position, it’s likely to be fair use.

• Compliance: Are you using the logo as intended by the company, with the latest version and in accordance with brand guidelines? Use Brandfetch to ensure compliance and streamline your pro

“You can use the trademarks of others without infringing trademark law. When the legal situation is unclear and a brand has concerns about your use of their trademark, they’ll usually start with a request to take it down before taking legal action.”

Christian Meisser

CEO of LEXR Law Switzerland AG