Google Maps Red Marker in Company Logo - is it legal?

[roberto.cr]

I want to make a logo which includes the famous red marker in it. It's
basically the red marker inside a geometric shape.

I've read the terms of service and I didn't find anything prohibiting
it.
Does anyone know for sure whether it's legal or not?

Thank you very much in advance!

[roberto.cr]

I know this is most certainly not the correct place to ask, but I know
it's a place people will help :)
Besides, the official means were of no use...
Thanks!

[DC]

A good question. I must admit, I already did this.... well, without
espacially asking for it...
I'd be interested in an answer, too - can I leave my logo as is as far
as the google marker is concerned?
Thanks...

My logo: http://www.wo-wollen-wir-essen.de/images/icon_72.png

[davie]

Hi
See
http://www.google.com/permissions/guidelines.html
http://www.plagiarismtoday.com/2010/08/12/trademark-copyright-and-logos/

Regards Davie

[Pil]

On Sep 20, 11:47 am, davie <daviestrac...@yahoo.co.uk> wrote:

> Seehttp://www.google.com/permissions/guidelines.htmlhttp://www.plagiarismtoday.com/2010/08/12/trademark-copyright-and-logos/

Don't think that any of these links applies to the question.

We are talking about the regular marker icon here, for example this
one

http://maps.gstatic.com/mapfiles/ms/icons/blue-dot.png

The marker icon image is neither a logo nor a "Brand Feature" nor a
trademark or something like that.

I think it's such a simple image where there cannot be some rights on
it, in other words: everyone can use it, change it, copy it as one
likes.

[Andrew Leach]

On 20 September 2011 11:35, Pil <wol...@gmail.com> wrote:
>
> I think it's such a simple image where there cannot be some rights on
> it, in other words: everyone can use it, change it, copy it as one
> likes.

Copyright doesn't work like that.

In this case, I reckon the Terms strictly don't allow it -- it's an
image provided as API Content and you can't make a derivative work --
but it's unlikely to cause a problem. However, the easy way around it
which I would use in this case is to draw your own version.

[Pil]

On Sep 20, 12:41 pm, Andrew Leach <andrew.leac...@gmail.com> wrote:

> On 20 September 2011 11:35, Pil <wolf...@gmail.com> wrote:
>
>
>
> > I think it's such a simple image where there cannot be some rights on
> > it, in other words: everyone can use it, change it, copy it as one
> > likes.
>
> Copyright doesn't work like that.

That depends and surely differs from country to country. In Germany
there is something like "Schöpfungshöhe" (I found 'level of creativity
' and 'threshold of originality' as translations) that's surely not
very high in this case.

> However, the easy way around it
> which I would use in this case is to draw your own version.

Hmm, yes, but when the own version exactly looks like the original
one, I'd say as you said: "Copyright doesn't work like that."

[davie]

I hope not exactly.
The problem with most copyright issues is the variation between
countries.
If you draw your own and it resembles another but it is not exact you
will probably be in the clear.
But when you are using a Google map image on a site with a connection
with Google you could theoretically be in breach of TOS.
I don't think there is a problem in this case but using your own image
which can be demonstrated as different (eg bigger circle, smaller dot
etc) should be OK
PS I am not a lawyer
Regards Davie

[Trevor Seaman]

Search for "google places trademarks" http://www.google.com/search?pq=generic+trademark+examples&hl=en&cp=14&gs_id=1k&xhr=t&q=generic+trademarks&gs_sm=&gs_upl=&bav=on.2,or.r_gc.r_pw.&biw=1132&bih=634&um=1&ie=UTF-8&tbm=isch&source=og&sa=N&tab=wi#um=1&hl=en&tbm=isch&sa=1&q=places+google+trademarks&oq=places+google+trademarks&aq=f&aqi=&aql=&gs_sm=s&gs_upl=40961l43193l6l45451l6l6l0l0l0l4l431l2164l3-5.1l6l0&fp=1&biw=1132&bih=634&bav=on.2,or.r_gc.r_pw.&cad=b if your image is like any of these, you may want to contact Google places and ask permission to use their trademark, Google probably spend thousands of dollars perfecting the design (present continuous), and on Market research.

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[DC]

I think your search should be something more like this:
http://goo.gl/fruPc

So, there aren't any trademarks?

On 20 Sep., 17:44, Trevor Seaman <qrlogist...@gmail.com> wrote:
> Search for "google places trademarks"http://www.google.com/search?pq=generic+trademark+examples&hl=en&cp=1...

[roberto.cr]

So it really is a gray area, isn't it?
Something Google won't tell what's right or wrong, since they really
can't.
There are clear boundaries you can't cross when it comes to Branding
(specially names), but I really don't see the marker design as being
copyrighted...

http://pizzaperto.com/images/pizzaperto-trans.png
This uses a vector I did by myself, it's not the raster marker you get
from Google maps...
it doesn't really fool people into thinking I'm affiliated with Google
in any form (and this is what they really want to make sure)

I'm making a logo similar to this on a different site, except I really
need to be sure it's Legal or not.

Does anyone have a clearer sight over this subject?

[davie]

This is a grey area there is no definitive answer.
Any infringement of copyright can only be tested in court.
As I said in a previous post the image would have to be
demonstratively different for copyright.
Trade marks are another issue
As I see it your your trademark should not confuse your product with
another product especially in the same business sector. ie Apple
iTunes Apple Music.
As for Googles TOS I don't think there is a problem unless you are
trying to imply that you are connected to or endorsed by Google.
If you are only using the marker icon in relation to Google maps and
you create your own marker I cant see there is any problem but if you
are in any doubt you will have to consult a laywer.
Davie

[Andrew Leach]

On 22 September 2011 11:25, davie <davies...@yahoo.co.uk> wrote:
> As for Googles TOS I don't think there is a problem unless you are
> trying to imply that you are connected to or endorsed  by Google.
> If you are only using the marker icon in relation to Google maps and
> you create your own marker I cant see there is any problem but if you
> are in any doubt you will have to consult a laywer.

This may help: http://www.google.com/permissions/guidelines.html

Google's "brand features" include "other distinctive features", and
the teardrop marker may well be deemed to fall into that category.
It's almost certainly "imagery associated with Google":

# Don’t incorporate Google Brand Features into your own product name,
service names, trademarks, logos, or company names.
# Don’t copy or imitate Google’s trade dress, including the look and
feel of Google web design properties or Google brand packaging,
distinctive color combinations, typography, graphic designs, product
icons, or imagery associated with Google

More: http://www.google.com/intl/en/permissions/
The only permission form to ask Google's opinion appears to be at
http://www.google.com/support/contact/bin/request.py?contact_type=film_app&&hl=en

[JFrancis]

I walked in to a local business yesterday, and saw something similar
to this stuck to the door:

http://cdn.thenextweb.com/google/files/2010/12/hotpot2.png

Doing a Google search for "google maps sticker" brought additional
examples, all of which use the ubiquitous red marker. So I would say
the use of the marker (in any color) is not a gray area and is
definitely off-limits.

Wouldn't want to show up on www.YouThoughtWeWouldntNotice.com, now
would we?

JF

[Michael Geary]

VMware 8 Workstation has a new "You Are Here" marker in its Snapshot Manager that looks oddly familiar:

http://mg.to/images/vmware-marker.png

I have to think that VMware's lawyers were aware of Google's marker image and decided that theirs was different enough to be OK. YMMV...

-Mike

[davie strachan]

Check with your lawyer and if he says its OK you can sue him if Google
sues you.
Davie