Junction City, KS asked in Copyright, Intellectual Property and Patents (Intellectual Property) for Kansas

Q: Would this be copyright infringement?

I am coordinating a 5K benefit run for a local library, the theme is "Just Dewey It", a play on Nike's phrase. We would like to turn a book into the Nike Swoosh to use as the logo but we are concerned that it may be copyright infringement. We would seek Nike's permission but according to their website they do not grant permission to third parties.

1 Lawyer Answer
Griffin Klema
Griffin Klema
Answered
  • Intellectual Property Lawyer
  • Tampa, FL

A: You're probably running into trademark issues, and maybe copyright as well. The use of the slogan "Just Dewey It" without any use of a swoosh-like logo is a close call. Arguably it might fall within parody or other fair use exceptions to trademark or copyright infringement. The Nike swoosh is a well recognized (famous) source identifier, and using that alone or together with the slogan is probably going to raise the ire of Nike's attorneys. I recommend considering other themes if you can't get a formal sponsorship from the company.

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