Commercial logo alteration for non profit use?

[SamSpirit]

I was wondering about the use of a little bit similar logo for non profit use.

I ran across a little bit similar to the Starbucks logo for a daily breakfast audio podcast and selling coffee mugs & shirts with the that logo on it on a catholic non profit website.

Do you think this is copyright infringement since it is so different?

Could this use be considered a "parody"?

Does it matter that a company is a non profit religious company?

Starbucks logo(upper left of page) -
http://www.starbucks.com/default.asp?

Star Quest Production Network
http://sqpn.com/

Daily Breakfast podcast & logo(upper right) -
http://sqpn.com/category/talkshows/daily-breakfast/

Coffee mug for sale with logo -
http://nielsendesignstudio.com/index.php?page=shop.product_details&flypage=shop.flypage&product_id=47&category_id=15&manufacturer_id=0&option=com_virtuemart&Itemid=1&vmcchk=1&Itemid=1

[Chris]

No, it isn't allowed.

There is nothing in copyright (or trademark) law about using a mark or creative for "non-profit". Profit doesn't enter into it at all.

Pretty much the only time you'll get away with using a company's trademark for a product that isn't theirs is with parody. I don't think is this parody.

That being said, is Starbucks going to sue a catholic non-profit and deal with any potential bad press because of it? It is hard to say, but if Starbucks did sue, that company could be looking at millions of dollars in losses (every coffee mug sold counts).

[Chris]

And if you were thinking about doing this yourself, I wouldn't it isn't worth it. Many webmasters have gotten sued and or coerced into paying large sums to avoid a lawsuit.

[scofield]

yes it is copyright infringement; it doesn't matter whether you make money off it or not, the fact that it resembles their brand would not play well!

[Nerpolllder]

A great*exchange of information.