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Trademark and the Internet

Laws regarding the display of trademart images.

         

lgn

3:18 am on Dec 5, 2002 (gmt 0)



Im a little confused on the trademart law as it applies to selling goods on the internet.

I have seen several websites that have removed pictures of a trademart item from there website, saying they can send samples, but could not display the image.

My point is, if you walk into a store, viewing the object is not a trademart violation. The only way to view an image in an online store, is to view the image of the object.

Isn't there a right of fair use law, that allows us to scan and post an image of a trademart item.

After all, the owner of the trademark got its royalty, from the manufactuer. The more the manufactuer can sell, they more royalty the owner of the trademark gets.

I think there was a big lawsuit between M&M and some company called taberone or something. I could never find out if the lawsuit went to court and who won.

Syren_Song

4:04 am on Dec 5, 2002 (gmt 0)

10+ Year Member



Don't know how helpful this is, but you could try Gigalaw [gigalaw.com] and/or FindLaw [findlaw.com] to track down the lawsuit you're thinking of, as well as to get some insight on the whole trademark issue.

Good luck!