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NASCAR logo

Discussion in 'Copyright, Trademark, Patent Law' started by arikah69yahoo, Sep 10, 2008.

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  1. arikah69yahoo

    arikah69yahoo Law Topic Starter New Member

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    This may sound like a weird question but can I legally get a tattoo of the NASCAR logo? I do not want to infringe on any laws or get into trouble. Thank you for any help you can give me.
     
  2. presutin

    presutin Moderator

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  3. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Good article but, like many lawyers, provides no real answer. Here is my insight:

    Trademark involves ensuring that the origin of a good can be identified, e.g. that the cola drink you bought is associated with the Pepsi company. If another soft drink, maybe not a cola, used the Pepsi logo but was not the Pepsi Cola Company, then there could be a confusion as to the designation fo the origin of the good.

    Let's say we are talking about a picture that uses the logo, which can be sold. We are now talking about financial gain and a potential association with the owner of the logo.

    But what about a human body? Is there ever any doubt (at least these days) that the human being is not a product associated with Nascar or the company owning a logo? Of course not. Therefore if you REALLY want to brand yourself with the logo of a company, you probably don't have to worry but do you want to be an advertisement? Indefinitely?
     

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