Collateral use is the lawful utilization of a trademark by a party other than the trademark owner. In this case, the other party must clearly indicate its identity, the use of the trademark, and the lack of affiliation with the trademark owner. This falls under intellectual property law and permits the use of a trademark without the owner’s permission, as long as specific conditions are satisfied. It should be noted that collateral use differs from adverse use or conditional use, as these have distinct legal consequences.
Collateral use refers to the lawful utilization of a trademark by a party other than the trademark owner. In such cases, the other party must clearly indicate their identity, the purpose of using the trademark, and the absence of any affiliation with the trademark owner. For instance, a small business may wish to display a well-known brand’s logo on their website to indicate that they sell products from that brand. However, they are not associated with the brand and do not have permission to use the logo. To use the logo legally, they can do so as long as they explicitly state that they are not affiliated with the brand and that the logo is solely used for identification purposes. This example demonstrates collateral use as the small business is utilizing a trademark they do not own, but they are doing so lawfully by adhering to the guidelines for collateral use. They are transparently identifying themselves and their use of the trademark, without attempting to mislead customers into believing they are connected to the brand.
Collateral use refers to the use of evidence or information obtained for one legal proceeding in another unrelated legal proceeding.
Generally, collateral use of evidence is not allowed in court as it may violate the rules of evidence and fairness.
Exceptions to the rule against collateral use include situations where the evidence was obtained illegally or where the evidence is relevant to both legal proceedings.
No, a party cannot use evidence obtained through discovery in another case as it is considered collateral use.
It depends on the circumstances. If the evidence was obtained through a subpoena in a related case, it may be admissible in another case.
No, a party cannot use evidence obtained through a settlement agreement in another case as it is considered collateral use.
No, a party cannot use evidence obtained through a plea agreement in another case as it is considered collateral use.
No, a party cannot use evidence obtained through a deposition in another case as it is considered collateral use.
Generally, a party cannot use evidence obtained through a criminal trial in a civil trial as it is considered collateral use.
The consequences of violating the rule against collateral use may include sanctions, exclusion of evidence, and even criminal charges in some cases.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/collateral-use/
- Modern Language Association (MLA):Collateral Use. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/collateral-use/.
- Chicago Manual of Style (CMS):Collateral Use. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/collateral-use/ (accessed: May 09 2024).
- American Psychological Association (APA):Collateral Use. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/collateral-use/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts