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Is "Red" verboten?

Tim Duran

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12-18 months ago there was a flury of Red comments/ultimatums re: use of the name "Red" in anyone else's name. I understand the issue. Where are we now? For instance, Angenieux came out with their Rouge. Now you don't hear "rouge" anymore. What are the rules in using "red" in a name, in advertising, in email addresses, and/or the Red logo in promotions, etc.? I'm considering options in my web site and need to know that I'm not tresspassing now rather than after the fact.
 
Jim has been always firm against the use of the word RED in relation to business name, website, etc... - where it is related to digital cinematography/photography (basically image acquisition). You can use "SHOT ON RED" logo on the footage (or in the end titles of footage) shot on RED cameras. For Your own sake - check with RED prior doing anything like this...

Peter
 
As one of the recipients of those 'don't use red' letters I have to say it is rather ridiculous.

If you want to trademark something, come up with a unique name 'like Arri' not a spectral color in a business that deals with light and color.
 
OK, I can see a possible issue if I wanted to call my new company "Red Camera Headquarters, Inc" in Bell, Calif. I can see a problem if I took an old Nikon Coolpix and pasted a Red logo on it and tried to pass it off as Scarlet junior. But I'm not so sure about having "Bell Camera Headquarters, Inc" and text featuring a) we rent Red cameras or b) Red camera accessories for sale or c) contact us at Nikon-Red-Arri.com or even epiccamerasforrent.de. At one end you have copyright infringement, at the other you have restraint of trade.

A bit more esoteric would be use of the Red logo v. the word "red." At some point it would be like Ford Motor Company telling all the newspapers and eBay that they cannot use the name "Ford" in used car sales.

It would be great if we can get an official position from Red on this.
 
OK, I can see a possible issue if I wanted to call my new company "Red Camera Headquarters, Inc" in Bell, Calif. I can see a problem if I took an old Nikon Coolpix and pasted a Red logo on it and tried to pass it off as Scarlet junior. But I'm not so sure about having "Bell Camera Headquarters, Inc" and text featuring a) we rent Red cameras or b) Red camera accessories for sale or c) contact us at Nikon-Red-Arri.com or even epiccamerasforrent.de. At one end you have copyright infringement, at the other you have restraint of trade.


A and B are fine and are protected under trademark law.
C would have nikon red and arri at your door and C part 2 is also dodgy ground.

Companies have to protect their trademark or they can lose it, trademark law is very much skewed against companies as it is, so unfortunatly the only way to keep your trademark is to protect it. So unless we want RED to lose their name it has to be protected.
 
Why else would you be using the word "Red" except in relation to a red product?

Sure if you always were called something like "Big Red's studio" or "Red Dwarf" etc... then it would be silly for them to harass you but if you're using it to associate with Red then you aren't talking about the spectral color you're talking about the company.

It would be like calling a plugin suite "Final Cut Deluxe".

Trademark law like most things in life is dependent on context.
 
It's true you can't claim the name Red, nor Orange ....... .
Besides that, Red is used in other business (even in this one) long before a 'certain Jim' had the idea of making a digital camera.

But ..... it depends on the context. If somebody uses the letters, color and logo of this company (in full or partial), or you use a name that refers to Red Digital Cinema Camera Company, or try to appear to be this company, then you are walking on thin ice and are liable to prosecution (for good reasons).
If you do so, your motifs would be very questionable.

A reference to Red as a product you use or hire would be ok.
 
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