Friday, November 20, 2009

Brand Name naming problem?

I have a dillema if I where to make a web site that is user generated but users are able to post brand names. example, if a user post a review about Yahoo! Answers writes the text(e.g. Review: Yahoo! Answers, Review: Coke Cherry, Review: Apple iPod), and writes his own review of the product, is this a violation of brand name copyright?

Brand Name naming problem?
There is no such thing as "brand name copyright." Generally speaking, names are not subject to copyright protection. However, names may be subject to trademark protection.





If I understand your facts correctly, the use you describe is possibly "nominative use" and all right.





For more information on nominative use, start with the link below.





http://www.chillingeffects.org/trademark...





-- While trademark law prevents you from using someone else's trademark to sell your competing products (you can't make and sell your own "Rolex" watches or name your blog "Newsweek"), it doesn't stop you from using the trademark to refer to the trademark owner or its products (offering repair services for Rolex watches or criticizing Newsweek's editorial decisions).





That kind of use, known as "nominative fair use," is permitted if using the trademark is necessary to identify the products, services, or company you're talking about, and you don't use the mark to suggest the company endorses you. In general, this means you can use the company name in your review so people know which company or product you're complaining about. --


No comments:

Post a Comment