Can a company sue you for using their logo?
Asked by: Dr. Chelsey Bartell | Last update: March 15, 2026Score: 4.6/5 (21 votes)
Yes, a company can absolutely sue you for using their logo without permission, as it's likely trademark infringement, especially if it causes customer confusion or damages their brand, though they often start with a cease-and-desist letter before filing a lawsuit seeking injunctions, damages, or profit forfeiture. The core issue is whether your use creates confusion about the source of goods/services or tarnishes the original brand, with potential exceptions for commentary or parody under fair use, but commercial use without a license is high-risk.
Can you sue a company for using your logo?
Suing for Trademark Infringement
If a person who owns a trademark thinks that someone else is using it without permission or authorization, they can take legal action by filing a lawsuit. Depending on the specific circumstances of the case, the lawsuit may be filed in either state or federal court.
Can a company logo be used without permission?
A logo or trademark is any photograph, word, or symbol used to identify a brand, service, or product. You need permission to use a logo unless it is for editorial or information purposes, such as when a logo is used in a written article or being used as part of a comparative product statement.
Can I use a logo if it is copyrighted?
Copyright protects the logo as an artistic work. As copyright is an automatic international right, it therefore follows that, (other than activities specified under fair dealing rules), unauthorised copying of that logo would be an infringement.
Can you sue a company for using your image?
Misappropriation of Likeness
In many states, those that use a person's likeness or characteristics may be sued if they use these for personal gain or exploitative purposes. This would be to use the image to obtain fame, publicity, monetary benefits and attention from others.
Copyright vs Trademark 101: What You Need to Know
How much does it usually cost to sue?
Average lawsuit costs vary dramatically, from around $1,000-$5,000 for small claims to tens or even hundreds of thousands for complex civil cases, with median costs for typical matters like auto or employment disputes ranging from $43,000 to over $122,000, depending heavily on complexity, case type, attorney fees (often hourly or contingency), and expert witness involvement.
What is the penalty for using a copyrighted image?
§ 506(a) by the unauthorized reproduction or distribution, during any 180-day period, of at least 10 copies or phonorecords, or 1 or more copyrighted works, with a retail value of more than $2,500 can be imprisoned for up to 5 years and fined up to $250,000, or both.
Can I put a Nike logo on a shirt for personal use?
Keep in mind that a trademark is different from copyright and offers protection to words, phrases, symbols, and designs that identify goods and services like Nike's “swoosh” or their slogan “Just Do It.” Using a trademarked logo without permission, even if it's for personal use, can also result in legal issues.
Can I sell a shirt with a logo on it?
Well, this one is a straight-up no—you shouldn't put a logo on a shirt and sell it. Here's why: More often than not, logos are trademarked. Even if a logo isn't (or you're unsure whether it is), that still doesn't mean you're in the clear because most logos belong to a registered business, brand, or company.
How to avoid copyright infringement on a logo?
Before you file your trademark, do a trademark search to ensure that your logo truly is unique and not too similar to any others. A logo can be trademarked by registering it with the United States Patent and Trademark Office. Follow the prompts to fill in the necessary paperwork, provide copies as requested, and file.
Can someone steal my logo if it's not trademarked?
If your logo is registered with the USPTO (U.S. Patent and Trademark Office), you have a strong legal foundation to stop others from using it. But even without registration, you may still have common law rights if you've been using the logo consistently in commerce.
What is the 3 month rule for copyright?
The "copyright 3 month rule" refers to a key deadline for U.S. copyright registration: you must register your work within three months of its first publication (or before infringement begins) to be eligible to claim statutory damages and attorney's fees in a copyright infringement lawsuit, which can be crucial for remedies beyond just an injunction. Failing to meet this deadline means you generally can only sue for actual damages (harder to prove) if infringement occurs, but registration is still vital for other benefits and to sue at all, notes Donahue Fitzgerald LLP and Cotman IP.
Can I use the Nike swoosh?
Not without risk - trademark law helps safeguard against consumer confusion and protects brand identity. Under the Lanham Act, which governs U.S. trademark rights, Nike holds exclusive legal rights to the Swoosh under the categories in which it has been registered.
Can I legally use a logo from Canva?
Yes, you can legally use a logo made in Canva for business, but you generally cannot trademark it because the elements aren't unique, meaning others can use similar designs, creating brand confusion and potential legal issues if someone else trademarks a similar design first. You must follow Canva's Content License, ensuring you're using it for permitted commercial uses and heavily modifying templates to avoid infringing on the original creators' rights, especially with Pro features.
How common are trademark lawsuits?
How Many Trademark Infringement Lawsuits Were Filed in 2020? In 2020, there were 11,941 trademark infringement lawsuits filed in the United States. This figure illustrates the significant number of disputes that reach the litigation stage, emphasizing the aggressive stance businesses take to protect their trademarks.
Can Nike sue you for using their logo?
Moreover, famous marks like Nike are also protected against something called "infringement by dilution" which means that ANY use of these famous trademarks will be trademark infringement, even if the infringer is putting the famous trademark on goods and services that the famous trademark owner isn't using the ...
What happens if you use a logo without permission?
If you use a copyrighted work without authorization, the owner may be entitled to bring an infringement action against you. There are circumstances under the fair use doctrine where a quote or a sample may be used without permission.
How to avoid copyright infringement with T-shirts?
To avoid copyright infringement on t-shirts, create original designs, use public domain or Creative Commons (CC) licensed images, get written permission and licenses for any third-party work, hire freelance designers with clear work-for-hire agreements, or use royalty-free stock images cleared for commercial use, always checking for trademarks and personality rights (likeness) too.
What can I legally put on a shirt?
Legally, you can put your original creations, public domain works, common phrases, national symbols, and transformative parodies/commentary on a shirt, but avoid copyrighted characters, logos, lyrics, or celebrity likenesses unless you have a license. Focus on unique designs, facts, or items where copyright/trademark protection has expired for safe commercial use, and always verify licensing for any royalty-free images.
How can I legally use sports logos?
Professional sports logos are trademarked and, therefore, cannot be used in custom apparel. Using sports logos without permission from the trademark owner might lead to a copyright and trademark infringement lawsuit. Don't attempt to modify a copyrighted image.
Who owns the Swoosh logo?
The Swoosh is the logo of American sportswear designer and retailer Nike. It is one of the most recognizable brand logos in the world, and the most valuable. As of 2025 the Nike brand was worth $90 billion.
How can I check if a logo is copyrighted?
Go to the USPTO website: www.uspto.gov. Click on the Search Trademarks link to access TESS. Choose the Basic Word Mark Search or the Design Search Code Manual for logos.
Has anyone gone to jail for copyright infringement?
Yes, there have been instances where individuals have been arrested for copyright infringement, especially in cases involving large-scale illegal distribution or counterfeit production. It's a serious offense that can lead to significant legal consequences, including fines and imprisonment.
Can you get sued for using someone's picture?
Appropriation of Likeness
You could bring a lawsuit by accusing the defendant of an invasion of privacy by appropriation of your likeness, a process known as right to publicity. This law allows you to control and profit from the commercial use of your image, name and persona or your identity.
How serious is copyright infringement?
Criminal Penalties For Copyright Infringement
Willful copyright infringement can also result in criminal penalties such as up to five years in prison and fines of up to $250,000 per offense.