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Old 04-04-2015, 12:39 AM
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Using Car Brand Names on a website, fair use?

I am thinking about starting a classified website for used cars, would using brand names like GMC or Buick for the title of a page/category cause a legal issue?
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Old 05-27-2015, 11:03 PM
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Not a problem. Having a trademark does not give one a monopoly preventing anyone from referring to it. This forum, for example, would look interesting if we could not mention Google.
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Old 05-28-2015, 06:00 AM
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I, personally would and do have a simple statement in the page footers that any and all Trademarks used are used for identification purposes only and are owned by the Trademark owner.
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Old 06-01-2015, 09:06 AM
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Originally Posted by ScriptMan View Post
I, personally would and do have a simple statement in the page footers that any and all Trademarks used are used for identification purposes only and are owned by the Trademark owner.
When you indicate at the foot of the page, it immediately Waive any potential liability and notifies viewers it is only a reference.


Avoid Registering a Domain Name with it.
It does not prevent you from referring to it.
 
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Old 06-01-2015, 09:21 AM
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Originally Posted by hostnesta View Post
When you indicate at the foot of the page, it immediately Waive any potential liability and notifies viewers it is only a reference.
I certainly wouldn't want to test this advice without doing some digging in the legal area of "brand" or trademark usage.

My 2 cents would be that using "text" to identify a "brand" category, should be Ok, given the nature of the site services, but even with a disclaimer or footnote/terms of use etc., I'd still get advice from at least a paralegal or even a lawyer before proceeding.
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Old 06-01-2015, 09:40 AM
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If you are not involve in something illegal, any "brand or trademark" will be more than happy to be referenced.

Quote:
@LMD My 2 cents would be that using "text" to identify a "brand" category, should be Ok
Using Logo's and Avatar's is very tricky. I very much agree with you. Except officially permitted by the "brand".
 
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Old 06-01-2015, 11:02 AM
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Originally Posted by hostnesta View Post
If you are not involve in something illegal, any "brand or trademark" will be more than happy to be referenced.
Well, if I understand you correctly, you would operate under the assumption that anyone owning a brand would be automatically be pleased with anyone using their brand/trademark on their own commercial sites.

You know the adage about the term "assume", right?
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Old 06-01-2015, 02:48 PM
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Originally Posted by LMD View Post
I certainly wouldn't want to test this advice without doing some digging in the legal area of "brand" or trademark usage.

My 2 cents would be that using "text" to identify a "brand" category, should be Ok, given the nature of the site services, but even with a disclaimer or footnote/terms of use etc., I'd still get advice from at least a paralegal or even a lawyer before proceeding.
I would not use a logo or an image without permission.

Trademarks come in many forms Coke, Coca Cola (even without the script) are still registered trademarks. Some many words that people assume are just words, aren't, they are trademarks.
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Old 06-01-2015, 04:10 PM
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Originally Posted by ScriptMan View Post
I would not use a logo or an image without permission.
Neither would I.

Quote:
Originally Posted by ScriptMan View Post
Some many words that people assume are just words, aren't, they are trademarks.
In terms of using a page title like "Buick" for example, yes, it's certainly a brand and might be usable as long as you are identifying a group of products, however, I also recommended legal advice before considering using any identifiers/category titles like that too.
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Last edited by LMD; 06-01-2015 at 04:15 PM.
 
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Old 06-16-2015, 10:16 AM
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You can try to use their brand , but before that consult with a lawyer , as this can result in legal consequences. Every step has to be deliberate
 
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Old 06-29-2015, 02:41 PM
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You can try to use their brand , but before that consult with a lawyer , as this can result in legal consequences. Every step has to be deliberate
Consulting with a lawyer is expensive, and there is absolutely no reason to in this case. Trademark law only applies when there is a likelihood of confusion between two products; but here we are simply referring to the products, so it is inapplicable. Companies have zero rights to prevent references to their products, this is covered by free speech and is very important. If citizens had to consult with a lawyer each time they wanted to talk about a product, then we would not have a free society; and suggesting people to consult with lawyers is equally dangerous as it encourages social behaviour that may eventually lead to loss of freedoms in law.
 
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Old 06-29-2015, 02:56 PM
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Consulting with a lawyer is expensive, and there is absolutely no reason to in this case. .... Companies have zero rights to prevent references to their products, this is covered by free speech
This instance, according to the OP, is not an article, nor is it a casual mention on a personal blog, but rather usage on a commercial site. Sorry, but this is bad advice.
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Old 06-29-2015, 03:10 PM
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This instance, according to the OP, is not an article, nor is it a casual mention on a personal blog, but rather usage on a commercial site. Sorry, but this is bad advice.
It doesn't matter what kind of website it is. There's no tenet in trademark law that says you can't make profit from mentioning trademarks. The singular purpose of trademark law is to distinguish the product using a particular name from other products, so that customers are protected from confusion; trademark law protects *customers*. OP is not intending to market a product as Buick, so there is no problem here.

Domain names were mentioned in the conversation above. If you are using the domain name for something completely unrelated to the company owning the trademark that's in the name, that is also fine in most circumstances, but obviously if your website is referred to as the same as the trademark, then some people might get confused between the product versus your website and that could violate the trademark law. Of course if you just registered the domain name to sell it back to the company, then cybersquatting law comes into play.

Obviously I'm assuming OP is in the U.S. here, if not then OP should clarify what country the company will be based in.

Telling everyone to "consult a lawyer" just because you don't know the basics of American law is terrible advice, you should know what freedoms you have or you'll not be able to exercise them. In this case you seem to be confusing copyright law with trademark law; it's sad how many people think that owning a trademark entitles them to threaten anyone who mentions them with a lawsuit.

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Old 06-29-2015, 03:39 PM
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Quote:
Originally Posted by aperjl View Post
It doesn't matter what kind of website it is. There's no tenet in trademark law that says you can't make profit from mentioning trademarks.
I certainly wouldn't want to test this advice without, at the very least, doing some digging in the legal area of "brand" or trademark usage, depending on where the site ends up going.


Quote:
Originally Posted by aperjl View Post
OP is not intending to market a product as Buick, so there is no problem here.
While the OP is probably not planning to sell any Buicks, I'm sure he/she is most likely intending on making money from the site with usage of said brand names on their web pages.

Quote:
Originally Posted by aperjl View Post
Telling everyone to "consult a lawyer" just because you don't know the basics of American law is terrible advice,
Conversely, telling people they don't have to check into the issues of brand usage online and how it pertains to any business, whether by digging on one's own, or consulting a lawyer is terrible advice.

BTW - My inference is more to do with due diligence. Your advice on the other hand, "Consulting with a lawyer is expensive, and there is absolutely no reason to" is dangerous.
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Old 08-26-2015, 09:55 PM
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Its better to mail and ask the company's ceo or any high level manager. Because I also want start a blog name with one mobile company and they told me not to use the domain name of their company in my site.. I am just giving updates on s/w news for mobiles
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Old 10-04-2015, 06:54 AM
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I think we can use it
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Old 10-07-2015, 05:31 AM
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If your selling GMC or Buick cars then there should be no problem at all using it as a category title. Unless your using it in the actual domain then there maybe an issue.
 
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Old 10-15-2015, 05:31 AM
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better you avoid it or later then will send legal notice to put down the website.
 
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Old 10-17-2015, 07:24 AM
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Some webmaster had had problems with domains that has a brand in the domain name, companys have legal resoruces to put down the website in this cases
 
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Old 12-30-2015, 03:19 AM
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Hi, deohaivan

I thing that is not a problem. many people owe affiliate sites for different brands. You can make one of your own. For that you can take help from a good web development and designing company to make a user friendly site. Besides, you can lookout for a internet marketing firm like webbbased to market your products and services online and offline.
 
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