National Party MP Nathan Guy has no plan to remove a billboard beside State Highway 1 out of Wellington.

National is in "pretty legal" territory after Otaki MP Nathan Guy used Facebook's "thumb" icon in a Labour attack-ad billboard.

Despite Facebook not giving permission for the logo's use - an icon it strictly enforces copyright of - Guy said the social media outfit "haven't raised any issues with us".

The billboard went up as the party reduced its damages payment for breaching copyright of an Eminem-sounding song in a 2014 campaign ad.

ROSS GIBLIN/STUFF National MP Nathan Guy has appropriated a Facebook and Labour logo in an attack ad billboard beside State Highway 1.

Then campaign manager Steven Joyce said at the time using the Eminem Esque track was "pretty legal".

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Guy's billboard, between Ōtaki and Levin and promoting a four lane expressway, featured a second upside down thumb, coloured red to symbolise the red of the Labour Party.

ROSA WOODS/STUFF Labour's Chris Hipkins says the billboard is cynically timed.

According to the social media giant's guidelines, the thumb icon is one of its most-identifiable marks and is meant to represent the "concept of 'liking' something on Facebook". Changing the logo in any way was a no no, the guidelines say, adding it "dedicates substantial resources to the development and protection of its intellectual property".

"In addition to seeking registration of its trademarks and logos around the world, Facebook enforces its rights against people who misuse its trademarks."

Pipers patent and trademark attorney Tom Robertson said it appeared the billboard was a breach of copyright and possibly also trademark rights.

ROSS GIBLIN/STUFF The sign is on SH1 at Manakau promoting the Otaki to Levin Road.

"It would seem that the thumbs up logo used by Nathan Guy is a copy of the Facebook thumbs up. There would seem to be no variation or creative input in the version used in the billboards."

Evolve Marketing managing director Brandon Wilcox believed the billboard was a misstep by National.

"I just find it bizarre that a party supposedly protecting property rights would so brazenly infringe somebody else's intellectual property rights."

In 2008 National got in trouble for using a song similar to Clocks by Coldplay.

"They say once is an anomaly, twice is coincidence, three times is a trend," Wilcox said.

He expected Facebook would, at least, issue a cease and desist notice, not least because the billboard implied Facebook was for National's roading policy and against Labour's.

National's Nathan Guy is not backing down over the billboard.

"I would say it puts them at significant risk of legal action from Facebook. They shouldn't have done it, they should have known better."

Guy said his office had been in touch with Facebook, "and they haven't raised any issues with us so there are currently no plans to take it down".

"The Facebook 'thumb' icon is commonly used to reference your Facebook presence and it relates to the Facebook poll that I am running," Guy said.

123rf Facebook did not give permission for National to use its logo.

"It has attracted around 1700 votes in less than a week with around 95 per cent of those supporting National's four lane expressway on State Highway one from Otaki to Levin."

Labour's duty ministers Chris Hipkins and Andrew Little slammed the billboard as "cynical campaigning" by National, but Labour took no issue with the use of its logo on the billboard.

Facebook did not respond to requests for comment before deadline. A National spokesperson said it stood by Guy's statements.

Copyright winners and losers

* Ronald Reagan used Bruce Springsteen's Born in the USA despite an endorsement refusal from the singer, the Rolling Stones took issue with Germany's Angela Merkel using Angie as her campaign theme, and former US president Barack Obama agreed to stop using Sam and Dave's Hold On, I'm Comin' during his 2008 campaign

* US socialite Paris Hilton sued Hallmark for using her trademarked phrase "that's hot" on a greeting card. A confidential settlement was reached.

* Twitter unsuccessfully trademarked 'tweet', but not to be deterred instead went for 'tweetstorm' and 'subtweet'

* In 2009 McDonalds lost an eight year court battle to sue a Malaysian curry restaurant McCurry for breach of trademark