Using a car as part of a brand

[hightide]

Hi,

A client of mine is going to be using a branded vehicle as part of her advertising strategy.

It's so important to what she's doing that I'm thinking of building an advertsing campaign around it, and making it a secondary brand element.

Are there any copyright issues with this?

We won't be using any trademarks, and we won't be using photographs either, but we will be using cartoon / illustration of the car, but it will still be recogniseable as a particualr brand of car.

Any thoughts on this?

Jon

 

[VeryMark]

Car designs can be trade marks: the shape of the Mini, the Rolls-Royce grille, the BMW radiator 'kidney' shape, the design of the Morgan sports car, all are registered trade marks.

Additionally too, if you imply endorsement by the vehicle manufacturer, then there may be a case for 'passing off'.

Also too, if you use someone else's cartoon or illustration without permission, you've infringed their copyright.

It's impossible to advise properly though without knowing all the facts.

Call or email me if you need further help.

 

[hightide]

We'll be doing the design and illustration ourselves so that side of is not a problem - we're a graphic design company so obviously we'd not be copying someone elses work on that front.

I thought this might be the case re designs - I knew that the kidney grill is a secondary brand element of BMW, but I'd never scaled it up to the whole car.

Thanks Cross Guard. Will PM you.