Brand Names? Legal Advice

In the next 3 months I'm going to be releasing an e-commerce solution into this big wide world called the internet.

I will need to setup a demo shop and was wondering what the law is on using brand names in your product titles and descriptions? I'm in the UK.

I won't be stealing images from other sites but would like to use brand names. Any advice is much appericiated.

I think the old "give credit where credit is due" adage would work here. As long as you aren't passing off the branded product as your own, you should be okay (assuming that the service you are providing is legit).

Saying something like "Windows®-compatible" and then following it with "Windows is a registered trademark of Microsoft Corporation and is not affiliated with (your site) in any way" should be okay.

I think your question is too broad to receive an exact answer through. It all depends on context and *why* you are listing brand names.

If you mean to use brand names to make your demo look "real" - like using Sony or Coke or whatever, you probably should get permission from the owners. I am in a different country than you, and things might vary - but the laws that govern sort of thing are well established in most of the "western world". I would get legal advice from someone who is licensed to give it.

Yup I was hoping to make it look as real as possible. Im going to base it on clothing so wanted to use brand names like rip curl, animal, billabong etc.

I've seen other carts using brand names. I even tried asking them about legal issues and there reply was, "we cant answer this". How hopeful.

I think that it is good you are thinking about this and trying to get answers. I was in an industry for many years where these concerns are dealt with all the time, and the companies that own the brand names can be (and well should be) very concerned about how those names are used, since it impacts the value of the brand.

So the main thing is, this is something you should be able to get info about - and you probably should be thinking of alternatives so you are prepared to do something else if needed.

I'd recommend taking the cautious approach toward using other peoples brands in your designs. Generally you will get away with it while you are small, but if you are successful they will chase you for everything they can.

Look at what's happened with YouTube and the film industry as soon as google bought it. Slightly different probably to what you intend to do, but still you don't want to have to re-design your site as soon as you have built a brand.

Geoff

Hi, I'm a new poster...I was searching the internet and found this forum. I'm really hoping someone can help me here.

My story is this: I've been using the name "nhyrvana" online for many years (since 96 or 97). I have two blogs under the name and I used to be on AOL under that name. Recently I decided to change my disc jockey name, my professional name, to "dj nhyrvana"(I had used another DJ name, but it was time to consolidate all my online names to make it easier for people to identify me.) I've also used the name "nhyrvana productions" in print when I published a magazine many years ago.

Just yesterday I recieved an email from someone telling me they were "branding" the name "nhyrvana.com" and that it was in my "best interests" to contact them.

My question here is:
If they do brand that name, will I have to stop using it?
Can they legally make me give up the name?
I don't have the resources to get a lawyer. I just don't have that kind of income.

Thank you for any an all information on this.
I appreciate it.

-e

Yes, probably. You might be able to get away with it though if it's a completely different industry. For example, you're a DJ. If this other company wants to sell Zen-like relaxation chairs, you may be able to keep it. Now, if they are going to use it as "DJ Nhyrvana" and be a DJ, you'll have to stop using it.

You're only protection is to trademark the name before they do. But is it really worth it? How widely known is that name? Do you have many clients? If you have a few clients that you DJ for but this new company will pay you a lot of money for your website and they want the name, just give it to them. I'd contact them and hear their offer (but don't make any statements like "No, you can't have it). Just hear them out, then on your own when you're finished talking to them, sit down and weigh the pros and cons of keeping/getting rid of the name.

If you feel that your use of the name is more important, then trademark it (if they don't beat you to it). If you don't take that step and trademark it, and they do, then you have no rights to it.

For branding you need unique domain name & appealing logo and innovative web site template giving special emphasis on navigation part, product description & product display & positioning so that the visitors should remember their shopping experience.