Can I show (on my website) logos and names of Companies whose employees use my web-based software?
New York
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Posted 29 days ago in Intellectual Property
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If Users register on my website using their Company email address, can I show the logos and names of their Companies and mention that "people from these Companies are using the application"? Though I can't claim that a Company is my customer because a few employees are using the website, I believe I am stating a fact if I say that a person working for company X is using my web-based application. Also, by showing the logo and name I am acknowledging the value of the company and even advertising it for free. I do not see any harm to their brand (the SW is for finance professionals) so no bad brand associations or brand equity erosion for them.
What do you think? Am I missing anything here? Shall I say something in the Terms of Use or Privacy policy? Answers (3)Pamela Koslyn
This attorney is licensed in California.
Posted 29 days ago.
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Your question was asked and answered.
http://www.avvo.com/legal-answers/can-i-claim-that-a-company-is-my-customer-and-show-151034.html People who buy things using their email addresses expect to remain anonymous, and they haven't consented to having their names and work affiliations used in the vendor's advertisements as de facto endorsers of your software. Also, the facts that they bought the software doesn't mean they're actually using it - it could have been a gift, or it could be that they want to use it in their work as an example of bad software. So you need their consent. The companies may not appreciate your free advertising - trademark rightsholders are the ones who get to decide whether a use is damaging to their brand, not the unauthorized user. YBut your use isn't as a competitor and is only to nominatively identify the employees by their work affiliations, so while using the ompany's logos rather than just their names might be pushing it, I think it's ok if the employees/customers consent . Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
Kaiser Wahab
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