Use of Others' Trademarks

[mrelvin]

What is the name of your state? MN

I would like to develop a website which allows users to rate credit cards based on different criteria. Some of the links will be affiliate links. However, to make the site truly useful it will need to include other credit cards that do not necessarily want me to include them even if the site only promotes them.

For example, if XYZ Airlines has a credit card and does not want me to use their name and logo, do I have any right to use it?

Also, can I write anything I want (no copyright infringment obviously) about the credit card and use their trademark name. I would include "(R) Name is a registered trademark of XYZ."

[mrelvin]

Can anyone offer advice?

I know other sites use trademarked names without the (R), but I am not sure about the permission. My site would be similar to epinions.com. The following link is an example of epinion's use:

[URL=http://www.epinions.com/finc-Credit-Cards-Rewards-Travel-U_S__Bank_-_Northwest_Airlines_WorldPerks_Visa/display_~full_specs]http://www.epinions.com/finc-Credit-Cards-Rewards-Travel-U_S__Bank_-_Northwest_Airlines_WorldPerks_Visa/display_~full_specs[/URL]

Any legal advice would be appreciated!

[divgradcurl]

The use of a trademark in this case falls under "fair use" -- basically, fair use says that if the only reasonable way to describe something is by the use of the trademark, then you can use the trademark for the limited use of describing the "something."

So, instead of saying "a credit card carrying a logo with a "V" on it, said credit card having a picture of a jet, etc.," you can say "An Airline Miles Visa Card." As long as you are using the trademark in a purely descriptive fashion, you can generally use the mark under "fair use."

However -- this permissible use is quite narrow. You cannot, for example, use the trademark in the Window Title, meta tags, etc. -- basically anywhere a search engine might easily find it. You are basically limited to using the mark in the body of the text, and ONLY in a descriptive manner. Also, if you use the mark in any way that might lead a consumer to believe that you are authorized to use the mark (assuming you are not authorized) you could be infringing.

Also, can I write anything I want (no copyright infringment obviously) about the credit card and use their trademark name.

Again, as long as you are using the mark is a purely descriptive manner, it should be permissible. As far as writing ANYTHING -- well, as long as you make ABSOLUTELY certain that there is NO way that anyone could construe your writings as anything else but YOUR opinion, then you SHOULD be okay. So, if you are going to alledge any facts, make sure that they are absolutely accurate...

All that said, as a practical matter, it might be very worthwhile to cobble together your ides and then meet with a local attorney experienced in trademarks in order to make sure that any trademark useage would fall under "Fair use" and that your opinions come across as opinions, and not statements of fact. Using someone else's trademarks, especially if you might not have something nice to say about them, is an invitation to a lawsuit, so you want to be absolutely sure you have all of your ducks in a row BEFORE going live...