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Retail Signage: How to handle legal issues


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Hi,

we have been doing quite a few malls for clients based in India. The signage and images used to denote retail space have always been photographs that we have taken or images scanned from magazines, and have always been a non-conscious mix of brands and non brands, something that you may see in an existing mall in India. The signages are only being used as an representation (Artist's Impression) of what that retail space may look.

 

 

One client had an issue where a retailer objected to his sign being used in the visual. His joking contention was that his brand was being used to sell the mall. Now this brand was one of over 60 signs and banners of the same size being used.

 

What exactly is the common sense or ethics involved in such an issue. Can i use photographs or scanned images as a representation of a mix of brands that may exist in a shopping mall?

 

I am at a loss here. The retailer may have made the comment as a joke, but the client took it seriously and asked me to look into the matter. Does this mean that all the assets we have of real brands should be changed so that an "Arrow" may be "Arrows / Sparrow". What would others do in a similar situation.

 

Thanks

Vivek

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it's been a bit of an evolution in my office has this subject.

 

first off we used real existing retailer's logos in our imagery. our clients questioned this so we stopped.

 

i then 'invented' shop names and logos and used those for a time too. the clients liked this even less.

 

these days we literally use the word 'logo' or signage' instead. if a tennent hasn't actually bought a unit or signed up for a place in the mall/shopping center, then we dont use official or pretent logos. no point. raises too many questions.

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Very easy: let the client decide. We have clients that do large shopping malls only, and it always depends on the stage the development is in. In time they mostly start with invented names and slightly changed names or some recognizable logo colors or typefaces, until a renting contract is about to be signed (or has been signed) after which the images are being updated. Although prints for high quality brochures that go around the country/world NEVER contain logos: mostly symbol or non-naming signage like bar, cafe, grand café, supermarket, grocery, etc...And BTW: these kind of things should be mentioned in your contract !!

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We always use fake names, unless the client requests us to use a specific name. For example, I've created logos for Chop House, Girl Power, Grandiose, Picturesque, Swoops, etc. Each of them have an actual "logo" look to them. Our clients know they're fake, and don't have a problem with them - never have. Especially when we we use stuff like Pier 10 Exports (instead of Pier 1 Imports - and we'd only do this if Pier 1 Imports was debating being in our development).

 

I think it's definitely a bad idea to use real logos if the company has no intentions of being a tenant in your development. It's basically profiting off of someone else's success, and false advertising of the development. Can you imagine if, for example, some italian eatery signed up for the space next to the huge bookstore that was (falsly) advertised as being a Barnes & Noble Booksellers, only to find out it was a big fancy italian restaurant? -a stretch maybe, but not unlikely...

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VIVEK : I would suggest that you create a library of fake brands that look corrrect but do not conflict with existing brands like how ERIC suggested.

 

STRAT : Just replacing the logo image with a text "Logo" OR "SIGNAGE" would not create a visually correct picture and detract from the purpose of visualisation.

 

If the Client insists on using branded logos, Get it in writing from them and let them handle any legal issues that may crop up. :D

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What i mean ... is that with real looking Signages the visual would look more realistic than just replacing the loctions with a Text " LOGO " ... sorts !!!! :D

 

ah. nah m8, really doesnt make any difference. i can see your point, but it's a pain in the butt when you get requests (on the whole) from clients that really put the kybosh on the final imagery :)

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It really is best not to use real branding as not only would you have to worry about association problems but you also have to worry about how you display the branding. Most high profile corporations have branding guidelines that detail how to use their logos such as when to use what colors, how much space is required around the logo, etc, and they don't take kindly to people who display it incorrectly.

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