Can i use a logo on my website to sell THEIR product without permission


4

Can i use a logo on my website to sell THEIR product without permission.
I am starting my own business selling brand named footwear, can i put logo's on my site to show which brands i am selling? Can i do this legally without asking permission as some of my products don't come directly from the brand but from their registered suppliers.

Legal

asked Nov 23 '12 at 12:02
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Leona J
21 points

1 Answer


4

The issue is whether this qualifies as fair use of the trademark. The last paragraph of the wikipedia article states:

The fair use defense in trademark law is not precluded by the
possibility of confusion, according to the U.S. Supreme Court in 2004.
However, courts may consider the possibility of confusion in analyzing
whether a use is fair or not. Intent to sow confusion is also
relevant; hence, the general rule that no more of the trademark should
be used than necessary for the legitimate purpose
. For instance, use
of a word mark is preferred to a logo, and a word mark in the same
style of type as surrounding text is preferred to a word mark in its
trademarked distinctive type.

So using a logo is likely not fair use and you should use the words of the mark instead.
answered Nov 24 '12 at 03:23
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Kekito
1,936 points

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