Internet Marketing Digest #0608

schmidt@magicnet.net ((schmidt@magicnet.net))
Sun, 4 Feb 1996 12:43:20 -0800


Ian Dickson writes,

<i>>Where is the line drawn? If I set up a "Colas reviewed" site with my</i>
<i>>guide to World Cola Drinks and use the logos of each cola as gifs I am</i>
<i>>no doubt breaching the mark rules,</i>

The line is drawn right at the point at which you become a reviewer. This
would essentially make your review "news" and therefore a fair use, just as
it is when a newspaper or magazine prints a photo of the Coke logo or a tv
news show runs a Coke commercial as part of a news story on the industry. As
news your speech would also be protected as freedom of the press, and that
protection would take precedence over Coke's trademark protection.

Bob Schmidt

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