Leica Logo Legal Lingo

[Robert Rose <RJR@usip.com>]

<<Suppose I want to write a book about the Leica M system. It's pretty obvious I'd like to use the Leica logo on the cover. Do you have ask permission for that? Or is it enough to mention that the book contains Leica trademarks? >>

<<Obviously you guys havent been reading the "Roll Call" entries. Following is the first part of Robert Rose's entry. Read the second line.   46 years old (today)  Copyright & trademark attorney in Pasadena>>

Ok, I have been found out!

Here is the scoop guys.  Using a logo without permission is a no-no if it in any way suggests sponsorship and is likely to cause confusion.  For example, take a look at Dennis Laney's book "Leica Collectors Guide."  It is white with the Leica name in red script, and looks VERY similar to the white & red packaging on the 
current Leica boxes.  Looking at this book someone might think that the source of the book was Leica, or at least that Leica has sponsored or approved the book.  Lecia could easily sue to stop distribution of this book, if its trademarks were used without permission.

Now, look on the credit page:  "The author and publisher wish to thank Leica Camera GmbH for permission to use the Company's registered trademarks."  Ah-ha!  Laney and Hove have good solicitors!

In the US it doesn't even matter whether your trademark is registered or not.  That only affects the amount of damages you can get, and certain elements of proof.

On the other hand, if no one is likely to be confused by your use, and you put a clear disclaimer on the work ("Leica is a registered trademark of . . . and this work is not sponsored by Leica") then maybe you can get away without permission, but it would be wise to have the work reviewed by an IP lawyer before publication.

Note that even Laney added:  This publication has not been sponsored in any way by the Leica Group."

While on the subject, someone ask me whether they could manufacture a soft touch release like the Nikon, which is black with white "Nikon" letters (this is the button that screws into the shutter release) in red plastic with white Leica script, or white with red script.  The answer class?  No, sorry, since the button would clearly suggest that Leica was the source, leading to what we call source confusion.

Hope this helps.  Would everyone please send 2 cents for the above legal advice?  <g>

Bob