Can Pepsi display Coke's logo on it's website for comparison sake? For example, tastes just like coke - with the coke logo next to it? I'm assuming this is permitted due to the fair / nominative use doctrine, but would it still be permitted if Pepsi chose to display Coke's logo in a much larger size than its own logo?
1 Answer
Yes it may. This is a classic case of nominative use.
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Sizing of the two might give arize to problems though. If the Coke logo is clearly larger and more prominent, it might be misinterpreted as a message from coke.– TrishDec 27, 2022 at 17:07
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The answer says "yes", but the link given seems to say "no": "the nominative use test essentially states that one party may use or refer to the trademark of another if (...) 2. the user only uses as much of the mark as is necessary for the identification (e.g. the words but not the font or symbol)".– KFKDec 29, 2022 at 16:29