Member Avatar for dstoltz

I have a client who uses several company products for his entertainment business. He has a new website with these company logos on it, and he has requested that I watermark those logos with his logo.

I'm not a legal expert, and I know watermarking is for promotion, branding and "marking" your OWN property for copyright purposes - and it deters people from easily grabbing your images, etc....

But I would imagine this is NOT a good idea to watermark another companies logo - even if it's only used on your own website. Perhaps it's OK with that companies permission, which he does not have as far as I know.

Does anyone have any thoughts on this? Are there any good links that have information on this subject?

Thanks for any info!

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  • Latest Post Latest Post by stultuske

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Short answer for (and building on points from , and ): do not place your client’s watermark over another company’s logo unless you have explicit, written permission and a clear contract allocation of risk. Logos are trademarks used to identify source and can also be protected as artwork; altering or combining them in a way that suggests endorsement or origin creates real legal exposure. (uspto.gov)

There is a narrow “nominative fair use” doctrine that allows third parties to refer to another’s mark to identify that product, but courts apply a strict three‑part test (only what’s needed, no implication of sponsorship, and necessity of the mark). Altering or branding over the mark tends to defeat that defense. Many brands publish strict usage rules that forbid modification or implied endorsement—follow those rules when they exist. ()

Practical, low‑risk workflow: 1) Ask the client to obtain written permission from each brand and to supply the official assets or marketing kit; 2) refuse to modify third‑party marks unless the rights‑holder expressly allows alterations; 3) if permission is granted, require the client to deliver the permission in writing and to sign a contract clause indemnifying and holding the designer harmless for third‑party claims; 4) if permission cannot be obtained, offer alternatives (an unmodified logo, a text “works with” list, or links to vendor pages). Follow brand guidelines exactly even when permission is granted. (apple.com)

Suggested one‑line release to adapt (not legal advice):
Client represents and warrants it has all rights to use and alter the supplied third‑party logos and will indemnify and hold Designer harmless from any claims arising from such use.
Document the warning you gave the client, keep copies of permission emails, and consult an IP attorney before proceeding if the third‑party brands are high‑value or the client refuses to indemnify.

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Member Avatar for blackmiau

If there's already a logo, leave it alone. Otherwise you can be in real trouble.

That's what Copyright means, anyway...

Member Avatar for dstoltz

BlackMiau - that was my response too - I told my client it's their logo/copyright (the other companies) - but he wants it. Not sure how to proceed.

Member Avatar for blackmiau

Tell your client you can do it if he provides his own photos/products. Otherwise you have to save yourself from legal action. If something happens, guess who your client will blame: you. Because you did it, independently of who asked you to do it.

Member Avatar for pritaeas

Get it in writing. Draw up a statement that you warned him of possible consequences, and that he takes responsibility if legal action occurs.

Member Avatar for dstoltz

Pritaeas - yeah that seems like it will cover myself. Good idea.

Member Avatar for stultuske

dstoltz: also, don't forget to check whether that does actually fully covers you. all they need is a loophole or whatever to "bring down the house" with you in it.
for all we know there 's some little line in some obscure law stating that you, outside of informing your employer it's not legal, also should have informed the company whose logo you are altering.

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