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April 12th, 2003, 11:10 AM #1
If you created a site about Britney Spears (bad example, I know) and sold posters of the singer on that site, is that, technically, legal? In a sense, you are promoting products others sell and presumably their distributors pay royalties to Brintey's mgmt. company to do that. So Britney would be happy because you are indirectly making her money.
But in another sense, you are using her likeness and her name for your gain. That to me sounds like grounds for a copyright infringement case. I would surmise that famous people just tolerate this cause it indirectly promotes them and their products.
April 12th, 2003, 02:49 PM #2
Well, you;d make the assumption that the merchant was licensed to sell Britney Spears stuff, and that by providing you with links that gave you a license to use that material yourself.
Heck, most things I sell probably have a trademark in them somewhere. This is commerce. If I sold Coke on my site and used a picture of a can of coke from my merchant, that wouldn't be a trademark violation.
What would be a trademark violation would be to use, say, the words "Coca Cola" in my site name.. but that's more a question of "passing off".
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April 12th, 2003, 08:59 PM #3
By her having the trademark (assuming she does) she is allowing her likeness to be used for commercial reason. I would think these (reasons) would extend throughout the entire marketing chain including us.
April 12th, 2003, 09:37 PM #4
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If I buy product from a distributor who has a license for Harley Davidson Replicas - I am extended/or restricted by the same license that the distributor posseses.
If I build a website utilizing the Harley Davidson Logos and I plaster their name all over it and they come across it someday and nowhere on it can they find the name of my company... they are going to have their lawyer call me in an "internet second"
If however I approach it as a sales arm of the distributor or keep my branding in the forefront as representatives for the Harley Davidson Line - I won't have any problems unless I have unwittingly violated something in the distributors licensing agreement that I have never read. I have had this happen.
Harley was pulled from my site for a period of time because the distributor's license did not include permission for internet sales distribution.
Misrepresentation of the brand would be the key consideration. If people were to assume that Brittany herself put up the website for her fans - that might be a little risky.
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April 12th, 2003, 10:38 PM #5
So I wonder, If I were to bid on a trademarked name such as Nike and I sold Nike Shoes exclusively on my site; how is it that I am violating a trademark? I would be selling for them and therefore a part of their marketing campaign. Television gets paid for showing a nike commercial. How is it that I am any different?
April 12th, 2003, 11:07 PM #6
<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>Originally posted by Heyder:
So I wonder, If I were to bid on a trademarked name such as Nike and I sold Nike Shoes exclusively on my site; how is it that I am violating a trademark? I would be selling for them and therefore a part of their marketing campaign. Television gets paid for showing a nike commercial. How is it that I am any different?<HR></BLOCKQUOTE>
It's at the discretion of trademark owner to limit your use of their trademarks.
For example, United Online Inc, parent company of NetZero and Juno internet services just announced that they will let affiliates bid on their trademarks "NetZero" and "Juno".
April 12th, 2003, 11:11 PM #7
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- January 18th, 2005
My post will be out of topic.
I got an actress fan site too since few years back and I do sell poster of her. Rank high in lots of SE and with 500+ visitors a day.
Total profit from allposters.com for 3 years = $59.17 (just checked).
I simply can't make a living with $59.17 for 3 years!
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