Friday, March 7, 2008

Express Yourself Telus Can't Hurt You Again

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Questions About Trademark

I want to complain about a company. Can I use their name and logo? Yes. While trademark law prevents you from using someone else's trademark to sell your competing products (you can't make and sell your own "Rolex" watches or name your blog "Newsweek"), it doesn't stop you from using the trademark to refer to the trademark owner or its products (offering repair services for Rolex watches or criticizing Newsweek's editorial decisions). That kind of use, known as "nominative fair use," is permitted if using the trademark is necessary to identify the products, services, or company you're talking about, and you don't use the mark to suggest the company endorses you. In general, this means you can use the company name in your review so people know which company or product you're complaining about. You can even use the trademark in a domain name (like walmartsucks.com), so long as it's clear that you're not claiming to be or speak for the company.

Can I use a trademark in my blog's name or in the title of a blog post?

Yes, if it is relevant to the subject of your discussion and does not confuse people into thinking the trademark holder endorses your content. Courts have found that non-misleading use of trademarks in URLs and domain names of critical websites is fair. (Bally Total Fitness Holding Corp. v. Faber, URL http://www.compupix.com/ballysucks; Bosley Medical Institute v. Kremer, domain name www.bosleymedical.com). Companies can get particularly annoyed about these uses because they may make your post appear in search results relating to the company, but that doesn't give them a right to stop you.


http://w2.eff.org/bloggers/lg/faq-ip.php

1 comment:

margaret spiteri said...

I had to go to Halifax and the last time I was there with my 5 fav my bill came to 70$ this time $700, it went to be looked at came down by half, them stayed longer than I should next bill $400 came home another shock got it down to 90$ you were charging me for stuff I didnt use, put my old phone into be repaired dec 29th still at dartmouth crossing, fed they fixed it, I am so disgusted with telus cant wait to get rid of them big mistake I made getting a new phone which I allowed myself to be talked into, has data and I told them I wount used the data, still got charged for it, they forgot to take it of, I think Telus owes me big time

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