Is this trademark infringing?

I am working on a site which features wallpapers up for download. Some of the wallpapers include logos on them. Is that TM Infringing? (I've seen sites do that in the past). All designs though, are unique, and if the logo is in it, it is a very small part of it.

Thanks

 

You can't offer any downloads without the consent of the creator (copyright holder). You certainly cannot create a unique wallpaper and then put in a logo you didn't create, own, or have express permission to use - that's trademark infringement. Forget about what other sites do unless you want to take the same risk of being sued.

 

If they really, really want to complain they can.

 

okay, it all depends on what type of logos you are referring to.. In order for a logo to be trademarked, it must have a distinctive or secondary meaning.

Write back with more details if you're still paranoid.


Mike

 

Technically it's TM infringement.

However fans have a long history online of making desktop wallpapers for sports, anime, games, etc... I don't think you'll show up on anyone's radar as long as you arne't selling them.

 

yes its TM infringmint unless they are stocks and free to distribute