How Much of the Design Was Used?
The second factor in the determination of fair use is the quantitative relationship between the original logo and the third party's potentially violating design elements. How much of the original design was used? This has to do not only with how many of the elements in the original appear in the disputed logo but also how the disputed logo compares overall visually to the original.
With the Coca-Cola logo, there are four basic elements: typeface, specific letter sequence, typeface color and background color. No one would argue that the use of a red background alone constitutes a fair use violation. Use of the same typeface and type color makes it appear somewhat less innocent. If the same letter sequence – coca-cola – is also used, the accumulation of all four elements makes the violation more probable than the use of one or two elements alone.
If the potentially trademark-violating design appears in 8-point type at the bottom of the page – especially in association with other logos discussed in the same article – that's less obviously a trademark violation than if it headlines, solo, at the top.
