Discussion:
Greeting, first time poster. I am in PA. Hope I am at the right forum for this question.
I own a small business and am putting together a web site with a "results" section...three or four stories of successful undertakings.
I want to include a unique story about a client we no longer work with. Prior to considering this section on the web site he verbally gave me specific examples of the results of our work....very happy. Later, I sent him an email with the context of his quotes, and he said "I need to think about it...let me get back to you."
He never did, and I didn't follow up again. He is in a very politically sensitive position in a very large company, and I believe he's probably afraid to formally stick his neck out.
I am wondering if I am solid legal ground to proceed with an accurate reprsentation of his unapproved verbal quotes?
TIA for any advice,
Todd
Answer:
"I am wondering if I am solid legal ground to proceed with an accurate reprsentation of his unapproved verbal quotes?"
Just using the quotes is perfectly okay. If you attribute his name as a representative of his company, though, then you are on less solid ground. You said that his company is a large company; they undoubtedly would not look kindly upon your using their name without permission.
More importantly, why do you want to do this? From you post, it seems that you've got the impression that the company, for whatever reason, is uncomfortable with you using the quotes in your advertising. If you go ahead and do this without permission, you might get sued -- how's THAT going to help...
See if you can get permission from the company. Otherwise, you may just want to use his quotes and the story generically in the context of a "large client" without getting into any specifics and without trampling on anyone's trademark rights...
Answer:
Thanks for the input. I hear ya, and am considering re-approaching the client. He's just so timid that I'm afraid he won't give me anything meaningful to work with, which would be a shame, given his verbal comments.
I would like to use the name of the company, as it is very large and recognized.
Clarification.... I don't want to use direct quotes, just "The 'ABC' company reports that....."
The "report" would be attributed to the company, not any one individual.
Further comment? TIA...
Todd
Answer:
towens2,
with regard to your last post, my gut is telling me that you can't use the ABC company's name in that fashion without their consent, but I don't have any statutes or caselaw to back me up right now.
Your best bet is to simply ask the company for permission.
Answer:
I'll give it another try. Sometimes what's "legal" isn't necessarily the best anyway.
I appreciate your advice...
Todd
Answer:
divgradcurl,
I did the right thing and re-approached the client. Drafted specifically what I wanted to say and sent it. Got a response within the hour approving the copy with one very minor correction.
Thought you might be interested...thanks again for your solid advice.
Todd
Answer:
Glad it worked out for you!