Forum Moderators: not2easy
My site is content-based. I sell no product. I am an AdSense advertiser and would like to use the trademark name on my pages so the AdSense ad targeting is as precise as possible.
If I use the trademark name in my page's text (such as: "XYZ brand widgets are used for .....") do I need to add a notation that says "so and so brand" owns the trademark XYZ and I am not affiliated with them?
Can I use the trademark name in page titles, page descriptions, and page URL's (but not as part of the domain name)?
Can I use the trademark name in my page's keyword list?
Thanks.
That doesn't mean that you can't use it. It just means that by being a commercial site, there are more limits on how you are able to use it.
There is a decent discussion of trademark law at [bitlaw.com...]
Some owners of trademarks would like you to think that you can never use their marks, or that you are required to follow their guidelines for use. This is not the case.
I can talk about the Intel Pentium processors without fear, and I do not have to put any funny little symbols after them. I do not have to put a paragraph at the bottom of my emails with a disclaimer saying that those "marks are owned by their respective ...". There is no possibility of confusion in the marketplace that I am Intel, and as a private person trademark law cannot keep me from taking an advil when I am in fact taking generic ibuprophen, "making a xerox" on my canon copier, or driving around in my Toyota Land Cruiser brand jeep or blowing my nose in a kleenex.
AMD on the other hand will have to be incredibly careful whenever they use an intel mark. There is great risk of confusion and brand dilution.
It sounds like what you are suggesting would be a lot closer to the personal usage level, but as a commercial site, I would recommend that you tread carefully, and give full attribution.
And don't be surprised if one day you were to receive a C&D letter, even if you are within legal useage.
The best thing to do is put a few pages together the way you are thinking of doing them, and bring them to a attorney that specializes in tradmark law, and get his opinion. I even recommend that you tell him why you are interested in doing this.
All I really wanted was to get the trademarked name on my page, like I said, for the Adwords/Adsense targeting.
I read your reference and Googled around a bit. I've decided just to use the trademark names in the actual text, as opposed to titles, page URL's, and meta tags, and to give full attribution to the company who owns the name. That should serve my needs and keep me legal.
I did want to mention for any others reading this that for a particular tradename, if you go to that company's website they often provide instructions about specifically how they want (or allow) you to use and attribute their trademark names.
So, you are serving yourself well by staying legal.
This would C.Y.A. w/out having to spell each one out. It's considered "Fair Use."
If you state your basis in terms that show an appreciation for how the law governs your intended use chances are the company will leave you alone after some sabre rattling. You might show that there are many others making similar use at the time you make your inquiry.
I'm a big fan of full and fair disclosure. I've taken on some very big players in the trademark realm, who wanted to challenge me on several truly generic domain names, and after a few rounds of letters I never heard from them again. They likely realized that they could do more harm than good if they went any further because they could be faced with a judicial opinion that says 'dear company, your rights and interests here are rather weak'. Then the floodgates would really open. Better for them to create fear amongst the masses by maintaining room for doubt than to lose the basis for doubt. Better for me to know that Goliath understands the perils of my slingshot. I'll take a MAD stand off any day if it keeps the peace. (Mutually assured destruction)
Keep that last part in mind when pitching your use in any situation where you believe you have a reasoned basis for fair use but may run into some opposition.
Webwork, Esq.
