Is it legal to place product images in banner ads?

[markw10]

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.

[Guest]

Mark,

 

The companies you mentioned corporate logo's and trademarks are marketing references that are known worldwide. I believe that they are available for use by any distributor, retailer or reseller of the products as long as you are not defaming, slandering or otherwise making a mockery of the referenced company. So, as long as you are conducting business in a professional manner and representing the company as a reseller of their goods then there should not be a problem having the design company make up those banners for you.

 

 

 

Chris

[MrPhil]

Logos are generally either trademarks ™ or registered trademarks ®, and if either, are protected by law against unauthorized use. That's the whole point of legally registering/listing a trademark! As mentioned before, if you are an authorized seller of a product, you will generally be allowed to use associated trademarks and indicia in commerce. If you're gray market or otherwise unauthorized, use someone else's trademark at your own risk. Maybe you can get permission from the owner...

 

A photo of a product cannot be restricted or controlled by the product's manufacturer. However, somebody does own the photo's copyright, and that may be the product maker. So, you can't simply "borrow" a photo from somewhere else and use it -- you need to get permission, unless it has been released under some license that permits free usage. You can take a photo of a product yourself and use it without restriction.

 

I am not a lawyer (I only play one on TV). Much of what I said above is flouted daily by retailers of various stripes and authorizations, but that doesn't make it legal or imply permission from manufacturers. Your mileage may vary. Tax and title not included. Your first born son is mine. Void where prohibited by law, or inconvenient to us.