Can I use a picture of a microphone on my business card if I remove the brand name from the photo?
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Can I use a picture of a microphone on my business card if I remove the brand name from the photo?
I am making the logo for my business card and would like to know if I remove the brand name from the picture of the microphone, can I use it in my business card?
Asked on April 7, 2019 under Business Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If the microphone is a "generic" one--that is, one that you cannot tell what brand it is even without the logo. If it is a distinctive or recognizable one, that you would be using someone else's identifiable property to promote your business without their permission, which is illegal; they could sue you for compensation (e.g. the value of a license to use the image) or a court order that you cease and desist doing this. But if the microphone is not identifiable, you could do this.
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