Intellectual Property Forum The Intellectual Property Forum

Please login or register.

Login with username, password and session length
Advanced search  

News:

We are looking for moderators.  Message the admin if interested.

Author Topic: Using competitor Name(trademarked) on website  (Read 521 times)

lovethepirk

  • Senior Member
  • ****
  • Posts: 125
    • View Profile
Using competitor Name(trademarked) on website
« on: 02-28-18 at 05:26 pm »

My dad passed a few yrs back and he was a designer for several major companies.  He owned, and I now own, the trademark under which the current and old products were sold.

On the 'about us' section of the website I'd like to list the accomplishments of my father, detailing the product he designed and the year in which they were sold...all products were/are branded with the trademark I own.

I'd like to list the year and what company name the products were sold under.  This means I will be using another competitors name(trademarked) on my website.  This is a section of the website just telling 'about us' and has no product photos and is not deceptive.  It is just a fact based account of the history of who my father sold his designs to.

Is this infringement, debatable, or clearly not infringement?  I'm not holding anyone to their opinions and understand any disclaimers  ;)

Thanks.

« Last Edit: 02-28-18 at 05:29 pm by lovethepirk »
Logged

Toot Aps Esroh

  • Full Member
  • ***
  • Posts: 91
    • View Profile
    • Email
Re: Using competitor Name(trademarked) on website
« Reply #1 on: 02-28-18 at 05:56 pm »

I'm not a Trademark guru but... (disclaimer).   :D

I don't think it's even debatable the way you want to use it.  You can use others' names to "name them" in statements of fact - in this case, if I understand you correctly, you want to say that your current product {TradeName} was formerly sold by {Company A}, is this right?

Think about something as simple as a resume you post online where you list all the companies you've worked for in the past, most of those are trademarks when used as an identfier for that company's goods/services. [ETA - but when you use the names simply to identify the company as your former employer, you are not using the name in a trademark sense.  Just a nominative (naming) use.]

I will say that I've seen a lot of corporate "about us" pages that list history of their current products, to include the product having originally been introduced by a competitor then later acquired by the current company.  Seems a common practice.
« Last Edit: 02-28-18 at 06:03 pm by Toot Aps Esroh »
Logged

lovethepirk

  • Senior Member
  • ****
  • Posts: 125
    • View Profile
Re: Using competitor Name(trademarked) on website
« Reply #2 on: 02-28-18 at 06:58 pm »

Yes you were correct in the understanding of the situation and I was under the impression that everything was good as you said.  Thanks for your reply.
Logged
 



Footer

www.intelproplaw.com

Terms of Use
Feel free to contact us:
Sorry, spam is killing us.

iKnight Technologies Inc.

www.intelproplaw.com

Page created in 0.257 seconds with 20 queries.