Flat out infringement: my speciality

[C M Smith <cmsmith@domain.elided>]

Display of someone else's trade mark or copyrighted work is not flat out 
infringement of anything. It depends upon what you are doing with it. It is 
flat out illegal to make money using someone else's logo. It may or may not 
be illegal to use someone's trade mark or logo without any intention to 
make money or gain anything. After all, just writing about ALFA ROMEO 
involves use of a trade mark and a trade name. Addressing a letter to Alfa 
Romeo would involve unauthorized "display" of the protected trade name, and 
is unsurprisingly not illegal. Categorical statements about what is or is 
not the law are dangerous enough for lawyers, I recommend non lawyers just 
stay away from the whole issue.

Except, using the Alfa Romeo name in conjunction with a club or other not 
for profit activity not only is not illegal, it should be actively 
encouraged by the owner of the trade name. Granting "permission" protects 
the name far better than cease and desist letters, and gets better PR to 
boot. My point was you normally cannot protect a trade name in Common Law 
countries if you do not actively carry on business in the local 
jurisdiction using that name. Registration and cease and desist activities 
may be for naught if you have no business presence to associate with the 
name. Hence the slightly tongue in cheek exhortation to Alfa lovers to 
provoke the factory into returning to this market, if only to sell a couple 
of cars per year to prevent their trade name rights from lapsing!

Now, other kinds of flat out infringements are also fun, in ALFAs!


Michael Smith
Calgary, Alberta
Canada
91 Alfa 164L, White, original owner

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