Guest markwmn Posted September 2, 2011 Share Posted September 2, 2011 I have an E-Commerce website and have never run banner ads before but currently have a very well known graphic design company designing a banner for us. They work with freelance designers globally. Currently we have had drafts created by 3 different designers. Here is the issue: All 3 of these have product images or logos. For example since we sell Consumer Electronics some have the Xbox 360, Sony PS3, Nintendo Wii, and other similar logos. Others have the product images for products such as the iPhone 4, iPad, and other similar items. I immediately thought that this was a copyright issue but yet with all 3 submitted drafts having this I have to wonder if that's the case. Not all of these designers are in the US though. I'm located in the US but know that laws may vary in other countries. In the past we had our logo designed by this same company but I understand a logo may not be the same since it's representing us and also is trademarked by us. An ad is simply a banner ad that is just an ad for products we sell or sell accessories for and it's not trademarked by us. I just don't want to run into any copyright issues down the line. Does anyone have any knowledge of this or know where I can go online to get legal information on this? Even if I'm allowed to place these logos or images in our ads I am wondering if we have to have small print at the bottom of the banner stating that for example "Apple iPhone is a trademark of Apple, Inc". It just would take away from the ad and I don't think I've seen this before. Thank you for your advice. Quote Link to comment Share on other sites More sharing options...
vokf Posted September 2, 2011 Share Posted September 2, 2011 I have an E-Commerce website and have never run banner ads before but currently have a very well known graphic design company designing a banner for us. They work with freelance designers globally. Currently we have had drafts created by 3 different designers. Here is the issue: All 3 of these have product images or logos. For example since we sell Consumer Electronics some have the Xbox 360, Sony PS3, Nintendo Wii, and other similar logos. Others have the product images for products such as the iPhone 4, iPad, and other similar items. I immediately thought that this was a copyright issue but yet with all 3 submitted drafts having this I have to wonder if that's the case. Not all of these designers are in the US though. I'm located in the US but know that laws may vary in other countries. In the past we had our logo designed by this same company but I understand a logo may not be the same since it's representing us and also is trademarked by us. An ad is simply a banner ad that is just an ad for products we sell or sell accessories for and it's not trademarked by us. I just don't want to run into any copyright issues down the line. Does anyone have any knowledge of this or know where I can go online to get legal information on this? Even if I'm allowed to place these logos or images in our ads I am wondering if we have to have small print at the bottom of the banner stating that for example "Apple iPhone is a trademark of Apple, Inc". It just would take away from the ad and I don't think I've seen this before. Thank you for your advice. My first advice.... Don't ask on internet forums for legal advice. Anyone who advises won't be paying any costs on your behalf! My personal opinion... If you're not "trading off" as Apple/MS etc, and simply selling goods in a legal manner (ie accessories), then is should be fine with the manufacturers. If you're selling Grey Import XBOX 360s, then this could be one way of possibly causing you problems, and I would certainly expect you to get problems. In this instance, anything could make you a soft target, so if you're using official images could give them power over your business. Also remember, product images are copyright, often by the photographer, or whoever commissioned the shots (so the manufacturer). Unless you commissioned them (or your graphics company did), OR they are from iStock etc, they may either be taken off the manufacturers website, or a competitors. Either way, there would be a clear breach of copyright unless you have agreement for their use. If this online store is your livelihood, then I suggest you get professional legal advice. If the product images are from a competitor and the comes to their attention, I think this would be the more likely problem for you. Hope this helps - sorry, I can't say "chill... it'll be fine!". I'm a software geek/DJ, not a qualified Legal guy.. But, I've been involved in copyright (on the good side!) disputes to a minor degree. Jason Quote Link to comment Share on other sites More sharing options...
Guest Posted September 13, 2011 Share Posted September 13, 2011 This would be a question for your suppliers and will depend on how your sales contracts with them. Some vendors allow product and logo use in advertisements if you are an authorized dealer. However, often this only applies if you are a direct, authorized dealer - for example, an XBox dealer as authorized via Microsoft. If you are purchasing thru a 3rd party and not from Microsoft itself, you may not be able to use their trademarks. So you really need to contact the companies you are purchasing from and find out 1) if they are authorized to use the trademarked items and 2) able to grant you authorization to use them. You may find out neither of you are really legally able to use them. On the other hand, some manufacturers actually give advertising allowances to you if you do utilize their logos in your advertising copy. So in some cases, it may be worth you becoming an authorized vendor with them. Quote Link to comment Share on other sites More sharing options...
WhiteWillowStitching Posted September 24, 2011 Share Posted September 24, 2011 This would be a question for your suppliers and will depend on how your sales contracts with them. Some vendors allow product and logo use in advertisements if you are an authorized dealer. However, often this only applies if you are a direct, authorized dealer - for example, an XBox dealer as authorized via Microsoft. If you are purchasing thru a 3rd party and not from Microsoft itself, you may not be able to use their trademarks. So you really need to contact the companies you are purchasing from and find out 1) if they are authorized to use the trademarked items and 2) able to grant you authorization to use them. You may find out neither of you are really legally able to use them. On the other hand, some manufacturers actually give advertising allowances to you if you do utilize their logos in your advertising copy. So in some cases, it may be worth you becoming an authorized vendor with them. Mysty has explained it very well. I'm no copyright lawyer but I deal with copyright issues on a daily basis and have been lucky to have a great retired lawyer, still teaching at a major college go over the in's and out's with me in great depth. 10 years of dealing with it. The simple answer is when there is any doubt ask the copyright holder. If it isn't yours, and you can't get permission then don't touch it. That basic rule will keep you from getting sued. Jamie Quote Link to comment Share on other sites More sharing options...
Guest Ambit Energy Posted September 27, 2011 Share Posted September 27, 2011 (edited) You really need to contact your suppliers for this answer. Some will have image releases you will need to sign with specific details of what you can/cannot do - especially if you are dealing with the manufacturer or primary distributor directly. In gaming items, you probably are not buying direct. Most 3rd party resellers cannot provide image releases and probably legally cannot use the logos and images themselves. But again, that would be something you will have to ask them. John Galt << url removed, please read the rules >> Sales Consultant St. Louis, Missouri Edited September 28, 2011 by vokf Link to non-cubecart website Quote Link to comment Share on other sites More sharing options...
Guest Prashant Kasajoo Posted June 21, 2013 Share Posted June 21, 2013 should ask your suppliers.. Quote Link to comment Share on other sites More sharing options...
masterunix Posted August 29, 2013 Share Posted August 29, 2013 To avoid this kind of problems i always use with istockphoto ... you buy a picture (pay for the actual copyright) and you can use this image everywhere also banners. If you want to use brands (xbox logo etc) i am not sure if its allowed to put them in banners. I know other companies do, bu ti think you need to be a reller for this to be allowed to. Might be handy to contact supplier indeed or ask a free attorney with email support. (we have in our country in Europe). Quote Link to comment Share on other sites More sharing options...
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