Use of band logos on website?

'Is it legal', 'can I do this' type questions and discussions.
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Saxondale
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Use of band logos on website?

Post by Saxondale » Fri Aug 21, 2015 8:37 pm

Hi there,

Thanks for taking the time to read my post.

I'm in the process of setting up an online store selling licensed band merchandise, including t-shirts, hoodies and accessories.

I'd like to use the logos for bands who's merchandise I'll be selling, as links to the relevant band's product page, and again at the top of those respective pages.

My question is, would I need to obtain permission for this as I would essentially using the logos to promote the band's products?

Many thanks in advance for any advice!

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AndyJ
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Post by AndyJ » Sat Aug 22, 2015 5:56 am

Hi Saxondale,
As long as you are selling genuine licensed goods then there should be no problem with using the logos of the bands whose merchandise you selling. Trade marks are intended to indicate the origin of the goods concerned and that is precisely what you would be doing.
This covered by section 12(1) of the trade Marks Act 1994:
12 Exhaustion of rights conferred by registered trade mark.

(1) A registered trade mark is not infringed by the use of the trade mark in relation to goods which have been put on the market in the European Economic Area under that trade mark by the proprietor or with his consent.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007

Saxondale
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Post by Saxondale » Sat Aug 22, 2015 9:45 am

Many thanks Andy. That'll save an incredible amount of time!

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