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Gullanian View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Gullanian Quote  Post ReplyReply Direct Link To This Post Topic: Other companies logos
    Posted: 09 May 2005 at 9:33am
Am I allowed to list companys on my website and compare them to my prices?  And can I display their logos?

Plus, I'm in the UK, but the site is hosted in the US, does this make any difference?

Thanks,

Tom
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Bluefrog View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Bluefrog Quote  Post ReplyReply Direct Link To This Post Posted: 09 May 2005 at 10:02am
You can state facts, but you don't have the right to use their logos. Logos are not statements of facts. Large corporations have very strict rules for usage. e.g. MS, Dolby, Steinberg, Adobe, etc. Remember Mike Rowe and his site, mikerowesoft.com? 
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Gullanian View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Gullanian Quote  Post ReplyReply Direct Link To This Post Posted: 09 May 2005 at 10:19am
Ok, I will just stick to the names then, thanks Wink
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Mart View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Mart Quote  Post ReplyReply Direct Link To This Post Posted: 09 May 2005 at 11:20am
You can use their logos if you have written permission from them obviously, but its probably not worth the hassle
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Post Options Post Options   Thanks (0) Thanks(0)   Quote xeerex Quote  Post ReplyReply Direct Link To This Post Posted: 09 May 2005 at 11:28am
Actually, you can use trademarks under the Fair Use clause (referring to US law -- not sure on other countries). You can use the logos so long as the "mark" would not confuse consumers about the source of the product. As a matter of fact, US law encourages this use by competitors for comparisons especially under the Lanham Act.

Note: Some state laws may vary slightly or offer other protections for trademarks. However, the nature of the Internet itself makes this issue difficult. Generally, Federal law in the US should serve as the guideline.

References:

Using Another's Trademark
http://www.publaw.com/fairusetrade.html

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 The Lanham Act permits a non-owner of a registered trademark to make "fair use" or "nominative use" of a trademark under certain circumstances without obtaining permission from the mark's owner. The fair use and nominative use defenses are to help ensure that trademark owners do not prohibit the use of their marks when they are used for the purpose of description or identification. Fair use or nominative use may be recognized in those instances where a reader of a given work is clearly able to understand that the use of the trademark does not suggest sponsorship or association with the trademark owner's product or services and therefore is not being used in a manner to confuse the reader.
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Fair use and trademark law
http://en.wikipedia.org/wiki/Fair_use#Fair_use_and_trademark_law

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A recent court case, Kelly v. Arriba Soft Corporation, provides and develops the relationship between thumbnails, inline linking and fair use. In the lower District Court case on a motion for summary judgment Arriba Soft was found to have violated copyright without a fair use defense in the use of thumbnail pictures and inline linking from Kelly's website in Arriba's image search engine. That decision was appealed and contested by Internet rights activists such as the Electronic Frontier Foundation, who argued that it is clearly covered under fair use. On appeal, the 9th District Court of Appeals found that the thumbnails were fair use and remanded the case to the lower court for trial after issuing a revised opinion on July 7, 2003. The remaining issues were resolved with a default judgement after Arriba Soft had experienced significant financial problems and failed to reach a negotiated settlement.
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NOMINATIVE USE AS FAIR USE
http://www.cll.com/articles/article.cfm?articleid=32

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The WCVB-TV case serves as a perfect segue into the next fair use defense, nominative fair use. Unlike most statutory fair use case, nominative fair use involves the descriptive use of another's mark to describe or identify the plaintiff's goods or services, not the defendants.

In 1992, the Court of Appeals for the Ninth Circuit articulated this new defense to trademark infringement. In New Kids on the Block v. News America Publishing, Inc., 971 F.2d 302 (9th Cir. 1992), the Ninth Circuit, in a typically articulate opinion by Judge Kozinski, described those circumstances in which the use of another's trademark is allowed, even when not directly covered by the statutory fair use defense of the Lanham Act:

[W]here the defendant uses a trademark to describe the plaintiff's product, rather than its own, we hold that a commercial user is entitled to a nominative fair use defense provided he meets the following three requirements: First, the product or service in question must be one not readily identifiable without use of the trademark; second, only so much of the mark or marks may be used as is reasonably necessary to identify the product or service; and third, the use must do nothing that would, in conjunction with the mark, suggest sponsorship or endorsement by the trademark holder.
================




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Gullanian View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Gullanian Quote  Post ReplyReply Direct Link To This Post Posted: 09 May 2005 at 11:30am
Right, I'm a UK company, but hosted in the US, what laws does my website fall under?

Thanks for all the info!
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Bluefrog Quote  Post ReplyReply Direct Link To This Post Posted: 09 May 2005 at 11:41am
Originally posted by xeerex xeerex wrote:

Actually, you can use trademarks under the Fair Use clause
*snip*


Ooops. My bad. xeerex's post refers to what you want. Mr. Beer posted on use of logos for promotional materials that are not factual statements about competitive products. Mr. Beer has been bad lately... Confused
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xeerex View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote xeerex Quote  Post ReplyReply Direct Link To This Post Posted: 09 May 2005 at 11:57am
Originally posted by wrote:

Right, I'm a UK company, but hosted in the US, what laws does my website fall under?


That is the magic question - and a debate that is raging savagely with bit torrent, p2p, porn, etc. IANAL but I think it would fall under US law. However, that would not stop a company from filing a civil suit and draining you of resources. However, I personally don't think it will be an issue if you follow US Fair Use guidelines. In other words, simple logo/link usage is what the Internet is built upon anyway. Hell, if I were "corporation a" why would I sue you if you were potenitally driving traffic to me site? I can't recall (may get corrected) of any lawsuits in the US of this nature?

Originally posted by wrote:

Remember Mike Rowe and his site, mikerowesoft.com?


And as we all remember, that case was over MS's attempt (somewhat justified to its shareholders) to protect it's trademark over a "deceptively similar" name. While I personally found that claim bogus, this was not an issue of using the MS logo at all. Even MS realized the error in its ways after the bad press about the deal. Mike Rowe settled with MS for some xBox stuff, MCSE courses, etc, as best I can remember.

http://news.zdnet.co.uk/business/legal/0,39020651,39119214,00.htm
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Microsoft has admitted it may have made a mistake in threatening Mike Rowe for using his Web site, mikerowesoft.com

Rowe, a student from Vancouver, registered mikerowesoft.com to front his part-time Web site design business in August 2003. Three months later, he received an email from Microsoft's lawyers asking him to transfer the domain name to Microsoft. They offered to pay him a "settlement" of $10 (£5.55), which is the cost of his original registration fee.

~~~~~~~~~

Microsoft hopes to resolve the problem in a way that both parties are happy: "We are currently in the process of resolving this matter in a way that will be fair to him and satisfy our obligations under trademark law," the spokesperson said.
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Edited by xeerex - 09 May 2005 at 12:08pm
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