Using Logos in Wikipedia Articles without pemission

From: Kenneth Liu <KEL[_at_]GG-Law.com>
Date: Mon, 02 Oct 2006 11:00:01 -0400


>The usual way one protects a logo is as a trademark, but since
>churches aren't generally considered commerce, I guess that wouldn't
>apply either.
 

Churches' use of trademarks and logos are most certainly considered commerce! The Trademark Act defines the word “commerce” as "all commerce which may lawfully be regulated by Congress" (yes, it is a circular definition, but I didn't write the Act). Churches can and do register trademarks all the time, typically for "evangelistic and ministerial services," "counseling," or "educational services." If commerce meant only for-profit commerce, then nonprofits could never protect their names, which is certainly not the case.  

Having said that, use of a trademark in a Wikipedia article is likely to be fair use, presuming that such use is not "source-identifying" and is not "likely to cause confusion" - the lynchpin standard for determining trademark infringement.

Kenneth E. Liu



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www.gg-law.com   Received on Mon Oct 02 2006 - 19:00:01 GMT

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