Client list

mentioning names in literature

[troi21]

We are creating our first brochure which we plan to send to new customers and old ones that might have forgotten about us.

Do we need permission from past clients to mention their names in our client list? We won't be adding testimonials but just the names of various companies we have done work for.

[iamlost]

You are allowed to tell the truth! so you can definitely name previous clients. If you use trademarks, etc. in doing so you should have a declaration saying who they belong to (lots of examples on the web).

There is another consideration, however, that mandates contacting them and requesting permission: if a prospective client calls one of your previous clients you want them to get positive feedback. That may not happen if the call is unexpected and/or unwanted.

[Hawkgirl]

> You are allowed to tell the truth! so you can definitely name previous clients.

Well, I'd say it depends on what type of contract(s) you have with them. I've seen some NDAs that prohibit disclosing even the name of the company I was potentially going to do work for.

I've always requested permission before using names ... it's the polite thing to do. I've never been turned down.

[mcguffin]

Hawkgirl is correct. Check your contract or your Professional Services Agreement (PSA).

Many smaller clients may not consider this an issue, but larger clients are often very protective of the fact that they've outsourced a project. It becomes a piece of business intelligence that they may not want to reveal to their competitors.

When I refer to "larger" clients, I'm generally speaking of those who have their own legal department in-house or on retainer.

When negotiating a contract, you may want to be clear upfront about how you can reference this account. It may even be good to put specific language in your contract or PSA so that both sides understand NDA. Here are some options to consider:

• Can you reference the client on the web, for example on a clients page?
  
• Can you reference the client in print or other marketing materials?
  
• Can you reference the client when meeting with prospects?
  
• Will the client be willing to serve as a contactable reference? That way, if a prospect wants an opinion of your services, can the contact the previous client by phone or email?
  
• Are there any restrictions or limitation on using the client's name, logo, or icon?
  

Some of these questions might seem quite particular, but I've seen legal departments want all of this material spelled out clearly in the PSA before work could begin.

Hope these thoughts help!

mcg

[troi21]

Thanks for the info!

I think asking will be the best approach.