Discussion:
What is the name of your state? GA
Example:
1) I design web sites.
2) A company named TVLAND sells Sony TV sets.
3) TVLAND wants to advertise their Sony TVs on my site.
4) I take a picture of a Sony TV and I post it on my site.
5) I put some text that says "Click here to Buy SONY(R) TVs from Authorized Distributor TVLAND. (SONY is a registered trademark of SONY, Inc.)"
Questions:
1) As a non-distributor of SONY do i have the right to take a picture of a SONY TV (made by with my camera) and post it without permission from SONY?
2) Do i have the right to mention SONYs trademarked name (SONY) to identify a SONY product without permission from SONY? (assuming that I identify that: SONY is a registered trademark of SONY, Inc.)
Thanks in advance
Answer:
What is the name of your state? GA
Example:
1) I design web sites.
2) A company named TVLAND sells Sony TV sets.
3) TVLAND wants to advertise their Sony TVs on my site.
4) I take a picture of a Sony TV and I post it on my site.
5) I put some text that says "Click here to Buy SONY(R) TVs from Authorized Distributor TVLAND. (SONY is a registered trademark of SONY, Inc.)"
Questions:
1) As a non-distributor of SONY do i have the right to take a picture of a SONY TV (made by with my camera) and post it without permission from SONY?
2) Do i have the right to mention SONYs trademarked name (SONY) to identify a SONY product without permission from SONY? (assuming that I identify that: SONY is a registered trademark of SONY, Inc.)
Thanks in advance Yes to both 1 and 2 -- however, for both (and especially #2), you need to be careful how you word things. The wording you've given as an example, "Click here to Buy SONY(R) TVs from Authorized Distributor TVLAND" is somewhat problematic. It is a "fair use" of a trademark when you use a mark to describe something -- it's okay to call a Sony TV a Sony TV, because that's what it is. However, it is not a "fair use" if you use the mark in such a way that you impy any relationship with the trademark holder if the relationship doesn't exist. When you say "click here to buy Sony TV's" that could potentially confuse a customer into thinking that YOU are the authorized dealer, and that confusion is likely to be sufficient to find infringement. The wording may be okay, but it also may be worthwhile to sit down with a local attorney who may be able to advise you on the best way to word things.