Where did this question and interest in the topic come from? Practice and observation show that shopping mall advertisements are often in the form of visualisations of a building with tenant’s logos as if e.g. Zara, Costa Coffee or McDonald’s already rented a space in a given shopping mall.
It is rather generally known that it is not admissible to use someone’s trademark 1:1 (one-to-one), without their consent, so a common advertising idea is to use modified marks in visualisations, which are not an identical copy of a popular brand, but only produce a relevant association.
Is it ok to do this? It all depends on how far-reaching the modification of someone’s trademark is. If the mark used in an advertisement is still similar to the original trademark –then we are dealing with trademark rights violation. When does such similarity occur? When an average recipient of the advertisement believes that they are still dealing with the Zara, Costa Coffee or McDon
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