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Is it ok to use a registered trademark logo as a Facebook group picture?

I was asked by a former employer to remove the logo from a Facebook group photo (the photo that appears when users search for the group) for a group of current and past employees of the group. The image is a registered trademarked image. Can I get in trouble for this? Also, I was not the original creator of the group nor did I myself upload the photo - it was someone else who has since left the group and I am now listed as the sole administrator. Will I be liable since I'm the administrator?

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Attorney answers (3)

Reputation Level 9
Notice: The below is for educational and informational purposes only, is not a reflection on or a representation of any views or opinions held by my employer, and should not be construed as legal advice. Nothing herein is meant to create an attorney-client relationship.

Let's forget for the moment whether or not this might be considered a fair use. If the former employer politely asked you to remove the logo and the group photo includes not only former employees but current employees of this employer, as a practical matter, it might be worthwhile to agree to do so. This could save on potential legal fees in the event the employer pursues the matter and would most likely avoid creating some awkwardness with the current employees who appear in the group photo.
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Reputation Level 10
The former employer might find Facebook to be willing to get rid of the group if Facebook thought that it might have to defend against a trademark or copyright infringement case. Possible monetary damages are likely extremely small, but the cost of defending an action is more than zero, which is probably more than you want to spend as the administrator of a small Facebook group.
I'd just use a different picture.
1 person marked this answer as good

Reputation Level 18
You have received some very good advice - it would be best if you removed the logo.

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