Trademarks in videos I make that review products, sometimes bad reviews

[FreddyLopez]

I produce videos and show products and sometimes software. It is showing good and sometimes very bad of the product. I do make money off ads (The video website sells ads).

Never had a problem but having read about trademarks I am wondering what the laws are?

I searched online and it is very confusing to a regular person like me what is considered educational/news and to add to that I read about laws if the trademark is used while being negative about the product.

Much appreciate some pointers.

[Robert T Nicholson]

Yes, you can use a trademark in a review.

Think of a trademark as a brand; it identifies the source of goods or services.

Naturally, if you are reviewing a product, you need to identify the brand.  This is called "nominative use" - in other words, using the trademark as an identifier.

You should be careful to:

• Only use the trademark to identify the brand
• Not defame the brand
• Not imply any association with the brand

Note that, even if you are legally in the right, a company can still file a lawsuit against you.  You would very likely win in such a case, but you could rack up some big legal fees defending yourself.  Such is the American system of justice.

Fortunately, I think this would be pretty rare.  Most companies understand that suing a reviewer can be a major black eye for their brand.

Here's an good article on a recent court decision:

http://blog.rwrlegal.com/are-review-sites-infringing-on-trademarks-of-the-products-and-services-they-review/