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Use client name for marketing purposes

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    Use client name for marketing purposes

    Hi,

    We have this scenario:

    Company A manufacture a product P
    Company A sell the product to company B
    Company B sell the product to company C

    Company A and B has no legal document to either prohibit or inhibit such marketing usage.
    Company B and C has a document that regulates it.

    Can the manufacturer, company A, use the company C name for marketing/advertising purposes?

    For example, company A manufacture biscuits. Company B buy biscuits and sell them to BritishAirways. Can company A use BritishAirways name to promote their product, say for instance, our biscuits are eaten on BA flights even if they did not sell the biscuits directly to company C? Just an example, you've got the idea.

    Thanks.

    #2
    Originally posted by seek25 View Post
    Hi,

    We have this scenario:

    Company A manufacture a product P
    Company A sell the product to company B
    Company B sell the product to company C

    Company A and B has no legal document to either prohibit or inhibit such marketing usage.
    Company B and C has a document that regulates it.

    Can the manufacturer, company A, use the company C name for marketing/advertising purposes?

    For example, company A manufacture biscuits. Company B buy biscuits and sell them to BritishAirways. Can company A use BritishAirways name to promote their product, say for instance, our biscuits are eaten on BA flights even if they did not sell the biscuits directly to company C? Just an example, you've got the idea.

    Thanks.
    If there is no contract breached and it is true, then yes.

    Comment


      #3
      Originally posted by northernladyuk View Post
      If there is no contract breached and it is true, then yes.
      I know for sure that usage of the logo and any other trademarks require (written) permission. This means company A can not use BA logo, as per our example, on their promotional campaign without seeking written permission to do so.

      But what about company's C business name, BritishAirways, is the company name falling under the same regulation such logo or/and other brand specific trademark usage?

      Comment


        #4
        Originally posted by seek25 View Post
        I know for sure that usage of the logo and any other trademarks require (written) permission. This means company A can not use BA logo, as per our example, on their promotional campaign without seeking written permission to do so.

        But what about company's C business name, BritishAirways, is the company name falling under the same regulation such logo or/and other brand specific trademark usage?
        You say "I know for sure that usage of the logo and any other trademarks require (written) permission". I am not a lawyer so I don't know if that is true or not.

        Whatever...... The business name will be a trademark as well.

        If you are right on the 1st point, then you cannot use the name.

        Why would you think that a BA logo is more protected than the company name? Just interested....
        See You Next Tuesday

        Comment


          #5
          Originally posted by seek25 View Post
          Hi,

          We have this scenario:

          Company A manufacture a product P
          Company A sell the product to company B
          Company B sell the product to company C

          Company A and B has no legal document to either prohibit or inhibit such marketing usage.
          Company B and C has a document that regulates it.

          Can the manufacturer, company A, use the company C name for marketing/advertising purposes?

          For example, company A manufacture biscuits. Company B buy biscuits and sell them to BritishAirways. Can company A use BritishAirways name to promote their product, say for instance, our biscuits are eaten on BA flights even if they did not sell the biscuits directly to company C? Just an example, you've got the idea.

          Thanks.
          No, you cannot use BA's (or another company's) name to promote your company unless you have BA's (or other company's) permission to use it.

          Comment


            #6
            Originally posted by washed up contractor View Post
            No, you cannot use BA's (or another company's) name to promote your company unless you have BA's (or other company's) permission to use it.
            Are you sure you can't say a company , BA in our example, is using your product if you know for sure they do? What kind of law prohibits you from doing so?

            Comment


              #7
              Originally posted by Lance View Post
              ...Why would you think that a BA logo is more protected than the company name? Just interested....
              I don't know much about the legal aspect, if I knew I wouldn't ask.

              I don't know if company name can be a trademark. Fro instance when you write about Microsoft you use Microsoft(r) Windows(TM). One is registered mark, the other is a trade mark. Saying one can't use a company name without permission is like no one can write an article about MS because the usage of name is prohibited. On the other hand if you attach Windows logo to your product then you need their permission. However, say you have sold chair to an office MS, I don't see why you can't advertise that you product is being used by Microsoft. You did not sell directly but it's a true statement and I can't see how they are affected in a negative way by your advertisement.

              Comment


                #8
                Originally posted by seek25 View Post
                Are you sure you can't say a company , BA in our example, is using your product if you know for sure they do? What kind of law prohibits you from doing so?
                https://www.copyrightservice.co.uk/c...opyright_names
                'CUK forum personality of 2011 - Winner - Yes really!!!!

                Comment


                  #9
                  Originally posted by seek25 View Post
                  Are you sure you can't say a company , BA in our example, is using your product if you know for sure they do? What kind of law prohibits you from doing so?
                  So you think it is fair game to use a big, high profile company's name, in this example BA, to promote your own company without BA's permission? How many examples have you come across of, say, a food company using BA's name in the way you suggest and then stop and wonder why no food company has done this before?

                  Knock yourself out matey but dont come back here asking what should I do if \ when BA or anyone else sues you for using their company name without permission.

                  Comment


                    #10
                    Originally posted by washed up contractor View Post
                    So you think it is fair game to use a big, high profile company's name, in this example BA, to promote your own company without BA's permission? How many examples have you come across of, say, a food company using BA's name in the way you suggest and then stop and wonder why no food company has done this before?

                    Knock yourself out matey but dont come back here asking what should I do if \ when BA or anyone else sues you for using their company name without permission.
                    I still don't see why it won't be legal. The above post link does not say anything about prohibiting usage of a company name.

                    I believe most food companies don't care about advertising or have signed agreements to either allow or deny such usage. The question is, what if such agreement does not exist.

                    Comment

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