Logo/Trademark "fair" use in a commercial review-based website?

[Turok]

What is the name of your state (only U.S. law)? Florida

Hello everyone!

I hope you can help me out. I'm building a website that will have certain tests of various consumer products (let's say electronic devices). Tests are fair, results are presented to the user as images and audio files. No analysis of the results is provided - i.e., I won't say which device is better - it is up to the user to determine this for himself.

Now, I plan to have a paid subscription system on my website. The users will have to pay a monthly fee to access this information.

Am I allowed to use the logos and brand names of manufacturers for the menu and the catalog of my website without the risk of getting sued for millions?

Thanks!

 

[justalayman]

the brand names, sure. They are simply used to define the product you are addressing. The logos; what purpose would that serve you? If you are critiquing the logo, have at it but any other use I can imagine you might have would be questionable at best. There is too much of a chance your use of the logo causing confusion and suggesting a relationship with the company involved and that is a huge no no.


and no, a disclaimer will not remedy that.


Also realize that nothing you will do short of getting a license to use the name and or logo will prevent the owner of the logo or name from suing you if they believe you used their IP without legal authority or permission,.

due to that, you should seek the counsel of an attorney that can review your site and the specific use of the name and or logos prior to actually publishing it.

 

[Turok]

Thank you for your response!

The logos; what purpose would that serve you? If you are critiquing the logo, have at it but any other use I can imagine you might have would be questionable at best. There is too much of a chance your use of the logo causing confusion and suggesting a relationship with the company involved and that is a huge no no.

Since my site will have a nifty interface with lots of visual elements, I wanted to use logos of the companies in the catalog. For example, if the user choose a certain type of product from the menu, he would be presented with several logos of companies to further choose the models from. Makes sense?

Does using such a logo merely for site navigational purposes infringe any IP rights?

 

[quincy]

Thank you for your response!


Since my site will have a nifty interface with lots of visual elements, I wanted to use logos of the companies in the catalog. For example, if the user choose a certain type of product from the menu, he would be presented with several logos of companies to further choose the models from. Makes sense?

Does using such a logo merely for site navigational purposes infringe any IP rights?

The question is not just whether your use of a logo will infringe IP rights but whether you will be sued over the use of the logo.

The use of a trademarked name or a logo for commentary or criticism purposes is generally allowable under trademark law. However, you can run into legal difficulties in a few different ways.

Coupling the use of a trademarked name or logo with an offer of goods or services of your own, or on a commercial site, can trigger a lawsuit, as can using a trademarked name or logo in a way that confuses consumers into thinking the trademarked company is connected with (endorses, sponsors) your site/service/product/company in any way.

And, even if your use is legally allowable, an aggressive trademark holder can still file a lawsuit against you, this to stop your use - and it can cost you thousands and thousands of dollars to defend your right to use their trademark.

I recommend you have your exact plans reviewed by an IP attorney in your area. Spending money now for a review can save you money in the long run, should a trademark owner take exception to your use and decide to sue.

I also suggest you look into insurance enough to cover your venture, should a lawsuit arise despite all efforts to avoid one.

Good luck.