Can eBay and others sue you for talking about them in your product?

Discussion in 'Legal Issues' started by Iconica, Mar 15, 2009.

  1. #1
    An example of this is: Video Professor

    He markets DVDs that teach you how to use eBay, Word, etc. He talks about them, screenshots, etc.

    If I wanted to launch a product where I talk about eBay, Adwords, etc, how do I go about legality?
    Do I have to have prior written consent from the companies to talk about them, or what?

    How do I go about doing it without getting sued. They could sue since youre using their trademark for the production of your product.

    (By the way, I cant believe how many products on clickbank have the google named attached to them, How are they not getting sued?) Crazy...

    Anyways, thanks!
     
    Iconica, Mar 15, 2009 IP
  2. Zacerwin

    Zacerwin Guest

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    #2
    ^^^^^ very good question I have been wondering this for a while myself!
     
    Zacerwin, Mar 15, 2009 IP
  3. Tropp

    Tropp Well-Known Member

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    #3
    Anyone can make an attempt to sue anyone for anything. Its up to the courts to then decide if the case is valid and successful

    I would suggest you obtain professional legal advice on your venture, rather than seek the "armchair expert" opinion from members of a forum.
     
    Tropp, Mar 15, 2009 IP
  4. hmansfield

    hmansfield Guest

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    #4
    I think promotions and technical issues about a product fall under educational, or tutorial materials. There are tons of examples, including auto guides, and repair manuals. It is not illegal to show people how to fix the fuel filter on a Ford truck, and use the name "Ford"...how else would you describe the product.

    Using the logo's and content from the company is another issue. From what I have seen, Ebay is very open to developers that help improve the Ebay experience, and may even offer some assistance, if they like the product. There are many ebay plug ins for platforms like Word Press that have to have ebay API's an such to function, which are readily available from ebay, and many other companies offer them up as well. You Tube is another one that comes to mind.

    As long as what you are creating doesn't show people how to illegally beat the system or act in a way the is unscrupulous against the company's T.O.S, you may be able to function just fine, but the only way to know for sure, is to just ask.
     
    hmansfield, Mar 16, 2009 IP
  5. dscurlock

    dscurlock Prominent Member

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    #5
    I would not be dumb enough to think video prof probably has a contract with those high
    end names he mentions on TV. They could be paying him $$$ to mention their name...it works
    both ways, he mentions ebay which basicly promotes ebay, they may pay him to do that...
    when you use someones big name, you normally have to pay big $$$ - he could be paying them, or
    they could be paying him....who knows.
     
    dscurlock, Mar 16, 2009 IP