Hi there I am wanting to do a business online. Do I need permission if I wanted to use a brand e.g. Coke on my website but selling a cup holder and then I give my business the name 'Coke Cup Holder'? Many thanks in advance CHEERS
You will need permission on trademarks. As for legal advice, you should never ask for it in a forum, you need to contact a lawyer.
Marks do not need to be registered to have protection (no filing at all, they are automatic upon first usage in commerce). Research common law trademarks before you post guesses in the legal section. Trying to ride the goodwill of a brand you don't own by using it in a domain name is asking for a lawsuit.
I don't agree with my colleagues above. In some cases, you'd need permission. However, in many you'd be fine. It is a bit complicated. Your question is too simplistic as many details will turn this issue one way or the other. You should contact Attorney Jaffe - he is the man for this topic. But good advice isn't free; advice on the internet is!
Coke, is not only the trademarked name of a beverage but they have been selling coke branded glasses, serving trays, and a litany of other housewares (yes, including cup holders) all with the coke name and logo and name for many decades. I know this is merely the example used, but I can't fathom a legal way for him to use the brand name "coke" in name of his own business as he asked, while selling an item in direct competition with the mark holder (or their licensees). I would not advise someone that proceeding based on the above example would be legal. In fact, it seems like a clear case of trademark infringement to me. Trying to find a way to put the name coke in your business name would only make sense if it was totally unrelated to anything coke does and also unlikely to create confusion in the marketplace. So don't plan on using red in your "coke" logo even if you were to find it legally acceptable to use in your business name. Based on the example that was given it is hard to find a way he could do it without permission. I'd be curious why you disagree?
You should talk to the coke management and ask for their permission first. You know, it is better to do that than to face with troubles in the future.
Absolutely! You need to ask permission because Coke is a popular brand and mark. Any use of it is an infringement and you can be sued for that.
I do not think that only if you put the word coke in there, something will happen to you. If you use the full name, colors and font it will really be a problem.