Copyright or Trademark issues?

[Indie]

Hello All,

 

I was hoping someone might have insight into legality issues concerning posting images of products on my site.

 

I would like to create a personal shopping service that would shop and deliver items from particular stores. I would essentially be doing the shopping for individuals and delivering for fee.

 

I would not be marking up the prices of the store but just charging for the service of shopping and delivery.

Ideally I would like to take photos of some of products this particular store(s) carries and place them on my site though many of the items would not have pics associated with them as the customers would already be familiar with them.

 

I would list the store(s) that I provide the service for on my site (obviously) but I wouldn't use trademark logos and the site would be very clearly be labeled as having no association with the respective store(s).

 

I live in California.

 

Any informed advice would be greatly appreciated,

 

Thanks!

[EthosPaul]

Anytime you take a picture of a trademarked logo, artwork (package design) etc, you are essentially making a copy of the item. This has been ruled time and time again, in fact, I have been a party to a Federal case where it was ruled in just this manner. When you make the picture and it is broadcast on the internet, there is essentially multiple violations. While I believe in the long-term this clouded view by our Federal courts will be vindicated by an Appeals court decision or Supreme Court ruling, you must use caution. If you are making a profit, you are a target.

 

Some argue that you are helping sell the companies products and brand awareness.... you have been warned :>

 

Now, I get the pictures from a supplier who provides me a letter of authorization to use the pictures, pictures that they have taken of x products.

 

Another protection... insurance. Keep marketing insurance by llyods just in case a claim comes your way, the insurance company can handle it.

 

Regards,