What is the name of your state (only U.S. law)? Florida
I want to create a review website for a fitness equipment company. I purchased a domain using the equipment company's name followed by "reviews". I plan on doing Youtube reviews on their products. I'm in the process of getting a logo done and was wondering If I was allowed to use their same name and logo with the word Reviews below it. Any advice would be greatly appreciated.
First, there is generally no problem in creating a review website that focuses on one business, its products or its services. But you cannot use the logo owned by the fitness equipment company and you cannot create confusion among consumers by making consumers think your site is endorsed or sponsored by the equipment company. This means you must be careful how you use their trademarks (names, logos, slogans, etc), especially in your web site set up and in your promotions for your site.
The domain name may or may not cause you difficulty. A trademark holder can sue you over your use of a domain name not only if it confuses consumers as to the owner/operator of the site but also if it can be seen to dilute the value of a
famous mark. With "reviews" in your domain name, confusion seems unlikely - but what seems unlikely to me with information provided on an unknown company may seem more likely if I knew which fitness equipment company you are talking about (BUT, please do not provide the real name here).
And you have an additional potential problem with the reviews that are published on your site. It is easy for a review to stray from the pure opinion of a consumer into defamation territory. As a site owner, you are offered some protection from lawsuits resulting from the content posted to your site if you do not help with its creation or encourage its creation (see Communications Decency Act, Section 230). But, even with this potential immunity from suit, you and your site can still be sued. For this reason, you will want to be sure to carry liability insurance.
You might want to have the specifics of your website personally reviewed by an IP attorney in your area, who can better assess your legal risks. Whenever you intend to use the rights-protected material of other, there will always be a legal risk.
