Can i use trademarked names in advertising banners?

Discussion in 'Legal Issues' started by netpox, Dec 18, 2007.

  1. #1
    I was wondering if i can use trademarked words in an advertising banner.

    Example would be lets say a 728x90 banner that says Tired of MySpace? Join a new social network and have it link to my new social network. Is that allowed? Can lets say myspace go after me? I wouldn't use their logo just the word myspace.
     
    netpox, Dec 18, 2007 IP
  2. Crimsonc

    Crimsonc Peon

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    #2
    Yes I believe so, can't be sure but I've seen others do it about Youtube, Veoh for one.
     
    Crimsonc, Dec 19, 2007 IP
  3. lpstong

    lpstong Notable Member

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    #3
    No you may not use any trademarked name in any form or extension thereof. Even if it said myspaceobsessed or myxbox360 forums.

    But if you wanted to advertise as a competitor that is different as long as it is not slanderous or libel.
     
    lpstong, Dec 19, 2007 IP
  4. Crimsonc

    Crimsonc Peon

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    #4
    You could say "If you fancy a change from McDonalds, try us" but you couldn't say "Buy our Food, McDonalds food is shit" lol.
     
    Crimsonc, Dec 19, 2007 IP
  5. netpox

    netpox Active Member

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    #5
    So can i advertise my new social network with ads like this:

    Tired of Facebook? Join a new social network!

    Tired of MySpace? Join a new social network!

    Can i use banners or text ads with these words in them?
     
    netpox, Dec 20, 2007 IP
  6. Dave Zan

    Dave Zan Well-Known Member

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    #6
    You're thinking of using a trademark for an online social network to promote...
    your online social network?

    If you place yourself in their shoes, what would you think if you saw someone
    doing that?

    Just some questions to ponder. Sometimes the answer lies within.
     
    Dave Zan, Dec 20, 2007 IP
  7. ARonald

    ARonald Peon

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    #7
    I do not think it is wise to name any company/competitor. Though you can cook something up like the windows vs mac ads.
     
    ARonald, Dec 20, 2007 IP
  8. fadetoblack22

    fadetoblack22 Well-Known Member

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    #8
    I think it is fine as long as you don't use it in the domain name. Its freedom of speech. Newspapers are allowed to write what they want mentioning the name of whoever. As long as you don't make something up about it.

    It is fine to suggest your site as an alternative.
     
    fadetoblack22, Dec 21, 2007 IP