Dealership Logo

Are we allowed to design a dealership logo that incorporates an auto manufacturer's trademarked and or copyrighted logo?

Who would be responsible if a lawsuit arises, but the hosting site has permitted to hold such a contest?

That one is tricky. It depends if client has approval to use trademarked logo.

Thank you Babba for the quick response....

Is there any way to confirm that they do have permission to allow us to use the logo?

Should there be a consent fill out form here that contest holders can flll out that way we are covered if any suit arises?

I do think that everyone involved including the hosting website can and will be liable for the infringement.

I did do some searching and yes "IF" they have a written form saying all parties are free to use the logo for said purpose... "IF"

I also did a search for the said dealership and had ZERO results of dealership and or exact location.

If they are a dealership should they have provided us with the WORD MARK and or the EMBLEM and also since it is a branded logo they should also provide a Creative Guideline.

I hope this can be resolved and clarified before the said contest ends and there is a payout.

Best wishes...

Dsk

Yes it is copyright infringement for using someone else's work regardless if you got paid for the design or not.

The act of copying, distributing, or publicly displaying the work without authorization is infringement.

Same goes with CH asking designers to use specific fonts that they and or the designer has no license (EULA).

It would be best to refuse the request than to find out later your screwed.

You are probably referring to this contest:

https://www.designco...e-nissan/brief/

Since client did not specified it in the brief then you should not use Nissan logo. 

We will not give infraction at this point, but simply designers should avoid it. This client had Kia cars dealers logo contest in the past and never asked for Kia logo. 

Hello Babba,

From what i know that if you are an official dealer of any make then the dealership has to follow specific criterias. Brand Identity ( Creative Guidelines

I do know of a dealship that discontinued selling a particular brand of car because they did not want to spend the money to upgrade the location to meet the requirements of the corporation. So they lost the license to sell said brand. I also know of a dealership that had to change even the smallest things like the flags that were flown at the dealership to up keep with the changes within the corporation.

If you go to one Nissan Dealership and then to another in a totally different state the look and feel of the dealership is identical.

It is just like the fast food industry where Mcdonalds in America looks the same as one in Canada or India...

As mentioned above you will not give infraction but that would be copyright infringement because designers are already using the Nissan logos and Name.

The point is not giving infractions but the point is protecting the site and also the designers who have advanced the site and have provided designs to your clientel.

If the infraction content is directed toward me for posting this concern, then I am ok with that also. I am just concerned about the rules and regulations and in some areas it lack of. As mentioned above, all you need to do is use the intellectual property of another designer and you are liable for copyright infringement. There is a perfect example of a contest going on right now where maybe 80% of the designs look the same with very slight adjustments. IMHO this does not give the CH a better choice and in many cases makes it harder for them to choose one.

This in the USA means we dont even have to register the said design and it is protected if printed and or published in some way. This also may have designers going else where to showcase their designs where it might be more stringent on their policies and over all policing of the site. That is not to only protect the site itself but also to retain the designers and clientel.

Last words on this subject, Thank you for the interest and feedback but best wishes to all.

Dear Dskwrks,

thank you for your detailed input. However, I am sure client knows what he is doing. I have also checked few Nissan dealers in US and they all have their own logo along with Nissan logo, including that some have Nissan in the same font. 

You can check by location here: https://www.nissanus...er-locator.html

I will leave the comment in the contest, that is the most what I can do. 

EDIT: 

Comment posted for client:

 

Dear client, it has been brought to our attention that copyright of Nissan logo may be violated - if is a part of requested logo design, if it is modified or if its elements are used. In order to save you any potential copyright trouble and save designers' efforts, we are kindly asking you to make sure what can or can not be used in the logo you need.