Internet Advertising

[MarleyBob]

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

When a website builder finds a good deal at a business can the website advertise the deal without the permission from the business owner or manager?What is the name of your state (only U.S. law)?

 

[quincy]

Possibly. There are some precautions the website owner must take and these are best discussed with an attorney in the area who can review the website and the proposed contents of the site.

A website can state truthful facts about a business, using the business' name in a descriptive way. For example, the website can say "XYZ Hardware sells ceiling paint for $3 a gallon" (if XYZ Hardware does, in fact, sell ceiling paint for $3 a gallon). The use of "XYZ Hardware" in this fashion does not infringe on XYZ Hardware's IP rights.

BUT the website cannot use XYZ Hardware's trademarked name or logo to promote or advertise the website (ie. making it appear that XYZ Hardware endorses, supports, or is in any way connected to or involved with the site).

And the website cannot display XYZ Hardware's own advertisements without permission, because the ads are copyrighted.

And the website must not be one where the contents of the site could potentially tarnish the image of the business (ie. using XYZ Hardware's name on a porn site).

Generally (but not always, for reasons noted above) a business will not complain about or sue a website that is saying nice things about it but the website still needs to be careful.

If the website owner wants to play it legally safe and protect his website from a lawsuit, he should have the site's proposed content ideas and specific contents reviewed by an IP attorney before display. And it is wise to take out liability insurance to cover any suit that may arise despite the website owner's best efforts to prevent one.