trademark
Why can&#39;t logos of companies be used by referring to nominative fair use?
<p>Companies have trademarks on their logos. If I want to use their logos in my own production, I need permission to do so.</p>

<p>But if my production makes it clear that the use of the logo is only meant to <em>refer</em> to the company, wouldn't that fall under nominative fair use, and hence I don't need permission?</p>

<p>To make up an example on the spot, say I am in the smartphone market, and I want to create a commercial comparing my prices to that of my rivals, say Samsung and Apple.</p>

<p>Can I then in my commercial have an Apple logo and a Samsung logo along, and next to them list some average price for their phones? </p>

<p>Clearly then the use of the logo is there only to refer to Apple/Samsung and not to claim ownership over their logo in any way?</p>

<p>A relevant case may be <a href="https://cyber.harvard.edu/metaschool/fisher/domain/tmcases/newkids.htm" rel="nofollow noreferrer">New Kids on the Block v. News Am. Pub., Inc., 971 F.2d 302 (9th Cir. 1992)</a>, outlining a three-part test for nominative fair use:</p>

<blockquote>
  <p>we hold that a commercial user is entitled to a nominative fair use defense provided he meets the following three requirements: First, the product or service in question must be one not readily identifiable without use of the trademark; <strong>second, only so much of the mark or marks may be used as is reasonably necessary to identify the product or service</strong>; [FN7] and third, the user must do nothing that would, in conjunction with the mark, suggest sponsorship or endorsement by the trademark holder.</p>
</blockquote>

<p>The footnote says:</p>

<blockquote>
  <p>Thus, a soft drink competitor would be entitled to compare its product to Coca-Cola or Coke, but would not be entitled to use Coca-Cola's distinctive lettering.</p>
</blockquote>
