Where The Hell Am I and What Are All These Lambos Doing Here?
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The key is whether or not your company would directly benefit from a relationship with or, on the other hand, competes with Porsche or not. If you use a 911 in your ad about accounting software, then it is likely just fair use. But you can't make it look like Porsche endorses your product in any way. That is when you run in to trouble. If a reasonable person watching the ad would be confused as to your companies relationship with Porsche, then you are probably crossing the line.
Most companies, out of an abundance of caution, won't show the Porsche logo in their ads. But the logo is not private information - it is out in the public and can be seen everyday. In fact, Porsche wants people to see their logo as often as possible. If you ever see a logo blurred out - as they often are on MTV - that is not because MTV is afraid of potential law suits. Rather, it is because that company refused to pay MTV for the privilege of having its product or logo placed on an MTV show. So just using images of a Porsche car with the logo on it in an ad unrelated to the auto industry should not be a problem. But if you use it in such a way that makes it look like Porsche endorses you or that you are the "official" product of Porsche users, then you are using the Porsche name to enhance your sales. Then they want a cut.
Think of the world we would live in if each time you used any company's product in an ad you had to pay a royalty? That might kill the entire advertising industry. Hell, everyone would go back to radio. There has to be some level of fair use in the law that allows you to use protected IP without being sued. The key is that you don't cross the line into making it look like you have a relationship with the company whose logo or images you are using.
Don't rely on this short blurb though for any legal issues you may be having. Be sure to check with a lawyer in your jurisdiction for the full story. My advice above is just the tip of a very complicated legal iceberg. I don't represent anyone in here. You all need to get your own lawyers. There, I have now sufficiently covered my ***.
Most companies, out of an abundance of caution, won't show the Porsche logo in their ads. But the logo is not private information - it is out in the public and can be seen everyday. In fact, Porsche wants people to see their logo as often as possible. If you ever see a logo blurred out - as they often are on MTV - that is not because MTV is afraid of potential law suits. Rather, it is because that company refused to pay MTV for the privilege of having its product or logo placed on an MTV show. So just using images of a Porsche car with the logo on it in an ad unrelated to the auto industry should not be a problem. But if you use it in such a way that makes it look like Porsche endorses you or that you are the "official" product of Porsche users, then you are using the Porsche name to enhance your sales. Then they want a cut.
Think of the world we would live in if each time you used any company's product in an ad you had to pay a royalty? That might kill the entire advertising industry. Hell, everyone would go back to radio. There has to be some level of fair use in the law that allows you to use protected IP without being sued. The key is that you don't cross the line into making it look like you have a relationship with the company whose logo or images you are using.
Don't rely on this short blurb though for any legal issues you may be having. Be sure to check with a lawyer in your jurisdiction for the full story. My advice above is just the tip of a very complicated legal iceberg. I don't represent anyone in here. You all need to get your own lawyers. There, I have now sufficiently covered my ***.
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