Trademark question for anyone with law knowledge

**CFA** · 11-20-2009, 03:54 PM

I'm taking a music course in college, and one of the things we have to do next semester (I think) is produce a business card for future use, and we need to have a logo. I've been thinking of using my display picture that I use on here, but wanted to know if that would cause any problems (Copyright infringement or something). I was also considering using that in the top left, and a Bongo head in the upper right, just in case the Bongo head would be different from the Stingray...

Thank's for any help you guys can provide.

**oli@bass** · 11-20-2009, 04:01 PM

Both, the 3+1 machine heads and the Bongo design are trademarked.

**DaddyFlip** · 11-20-2009, 07:13 PM

I'm all about protecting trademarks and copyrights and at first glance, oli appears to be correct. I'm not sure that EBMM would grant you permission to use their copyrighted material for a business card, especially since the purpose of a business card is to solicit business for profit. Using copyrighted material without permission from the copyright owner is against the law. However, I'm not sure that using an IMAGE of a trademark is against the law. If you were to build a bass that was the same design as a Bongo and try to sell that, you would be in the wrong. Companies make knock-off products all the time by changing one or two details of a well known product and marketing it as their own. Some get away with it; others get sued.

If you were to take a picture of a Bongo and put it on a business card to solicit music lessons, I'm not sure (this is my opinion- I'm not a lawyer, but I really DID stay at a Holiday Inn Express Tuesday night!) you would be breaking the law or infringing on EBMM because you would not be using their property to deny them business rightfully due them. If you were to use a copyrighted image supplied by EBMM on their website and put it on your business card without permission, you would be in the wrong.

Where did you get your avatar image? Does it belong to EBMM? That will answer your first question. Where are you getting your Bongo head? Does it belong to EBMM? That will answer your second question.

**oli@bass** · 11-21-2009, 03:29 AM

That also depends on the type of a trademark (image, word) and under what categories (e.g. services, music, musical instruments) a trademark is filed.

**koogie2k** · 11-21-2009, 09:04 AM

Instead of speculation by all of us non-lawyer types...best person to answer this is Wonderdog. I really have no idea to be honest and my opinion may get you in trouble...haha

**GHWelles** · 11-21-2009, 10:14 AM

Originally Posted by oli@bass

Both, the 3+1 machine heads and the Bongo design are trademarked.

Correct. Using it in connection with a music business would be trading on the reputation of EBMM by association. It may imply some connection with the company to a consumer. Why don't you make up your own headstock design?

**spencer** · 11-21-2009, 04:31 PM

Originally Posted by oli@bass

Both, the 3+1 machine heads and the Bongo design are trademarked.

being an arse I know but what about a 4+1?

**silverburst** · 11-21-2009, 08:22 PM

Originally Posted by GHWelles

Correct. Using it in connection with a music business would be trading on the reputation of EBMM by association. It may imply some connection with the company to a consumer. Why don't you make up your own headstock design?

Do you mean that he might actually have to do some work for his class...