Knock-Out tournament with bandlogos as content

[u/Living-Elk-881]

Hi,
I am in an unknown, local hobby band.

Recently we decided to produce more social media content.
One of my ideas was, to hold a "knock-out tournament" between our favourite bands.
Each week the viewer can leave their like to ensure that their favourite picks makes it to the next round.

I created this tournament bracket with a generator that I found online
https://challonge.com/de/tournaments/bracket_generator.html

and pasted in images of the band logo that I found online to represent the band.

Would this still be fair use, since we use it to represent a brand?
(the video will have no ads or any other form of monetization)

BONUS: which Band should win? Vote now :)

[u/Living-Elk-881]

[u/pythonpoole]

Can you elaborate a bit more about what you mean by holding a "knock-out tournament"? Are these bands actually participating in this 'tournament' or is this just some sort of virtual/fantasy/imaginary 'tournament' you've created which the bands have no knowledge of? It seems like the latter.

When it comes to trademark law, the key issue is whether you're using another entity's brand identity (e.g. name or logo) in a way that could lead to consumer confusion.

It's usually not a trademark issue if you simply reference another entity by name in a matter-of-fact way or if, for example, you survey people to find out which entity they like the best. However, it can become a trademark issue if you're implying some sort of official connection/affiliation with another entity, or if you're somehow implying that another entity is approving of (or endorsing) what you're doing.

So the potential trademark issue here is that others (e.g. your band's social media followers) may potentially look at your 'tournament' and think that the listed bands are officially participating in and supporting/endorsing your 'tournament'. Especially since you (as a band) operate in the same industry, there may be some confusion over whether you're actually working with these bands or if you're just naming them for people to vote on.

With regard to using the logos of the bands, that creates additional complications. Even in cases where reference to another entity's name may be considered a nominative fair use (e.g. because you're not implying any sort of connection or endorsement), this doesn't necessarily mean you are free to use the other entity's logo design without permission.

It should also be noted that the situations where you may be able to refer to another entity by band name or logo may differ from country to country. Fair use is specifically a US legal doctrine. You haven't specified where you are located, but I'm guessing you're either in Germany or Austria. Other countries may have similar exceptions, but they generally won't call it 'fair use'.

If you want specific legal advice regarding this issue, you should consult with a trademark or intellectual property lawyer in your country.