Use of Company Name

Sully

Hey,

Im curious as to what rights a company have with their name being used. Say for example, Company X approaches a design company asking them to create a logo for their new website. You design it, and they dont like it - and move onto someone else. Fair enough, so you put it up on the portfolio to showcase a design you did (used or not). Company X gets in touch complaing that the name of the company is being used impropery - as its not being used.

What legal grounds can Company X argue on?

Iv seen such cases where Apple and Cisco went head on for using a product name, but that might differ so im not to sure how it could apply to an above situation. Let me know what ya think.

Tom Young

Civil Tort of passing off, potentially also Injurious Falsehood. The torts are both relatively easy to explain in terms of the law.

The large US cases usually focus on patent infringements which are not enforced in Ireland as vigorously or are as strong as the US. This can be coupled with anti trust law.

Aspects of livencing law may also form an issue with the above.

Tom

Sully

So what Company X is doing is illegal? (Reffering to Irish law here)

I assume if permission gets obtained, its different?

Tom Young

As the name is not being used I'd suggest is a moot or irrelevant point really. A design company creating or maintaining a portfolio or the intellectual property rights over its work, would invariably retain the rights to display and most likely have written permissions etc.

I assume if permission gets obtained, its different?

More or less yes.

Your protection arises under contract law in my view.

Apologies, I guess my initial answer was forecasting a 'used' name and logo etc. rather than an unused one. I read into the initial post as Company X went elsewhere to get the work done.

Tom

Sully

So if im correct;

Company X can request the design be removed, but the designers could simply remove the company name and put in some other text instead - and this is perfectly legal?

If the design company didnt obliege, legal action could be taken and be sucess? Can Company X take action anyway, without waiting for them to take it down?

Tom Young

The question hinges on whether they paid you for the work or not. If they have a valid trademark then I'd imagine so.

Sully

No work would be paid for. Id imagine if it was, its a different ball game?