What are the legal aspects of using third-party trademarks in my advertising?
March 13, 2022 | 50,00 EUR | answered by Edith Fischer
Dear Media Law Attorney,
My name is Jürgen Böhm and I run a small company that produces and distributes products in the sports equipment sector. Lately, I have started to promote my products more actively through various online platforms to expand my reach. In doing so, I have also begun to use trademarks of other companies in my advertising to make my products more attractive.
However, I am now concerned about whether this is legally allowed and what consequences it could have if I use other brands in my advertising. I do not want to get involved in a legal dispute and damage my reputation.
Could you please explain to me in detail what the legal aspects are when using other brands in my advertising? Are there any specific rules or laws that I need to follow? How can I ensure that I do not violate any laws and what measures can I take to protect myself?
I look forward to your professional advice and thank you in advance for your help.
Sincerely,
Jürgen Böhm
Dear Mr. Böhm,
Thank you for your inquiry regarding the use of third-party brands in your advertising for your sports equipment company. It is understandable that you are concerned about whether this practice is legally permissible and what consequences it could have. I will now explain the legal aspects in detail and provide you with tips on how to protect yourself.
It is important to know that using third-party brands in your advertising is not allowed without permission. Brands are used to identify and distinguish products or services of companies. Therefore, using a third-party brand in your advertising could be considered a trademark infringement. Brand owners have the right to control the use of their brand and can take action against unauthorized use.
To ensure that you are not violating any laws, you should first check if you have permission from the brand owner to use their brand in your advertising. If not, you should refrain from using third-party brands. Instead, you can focus on establishing and promoting your own brands to make your products more attractive.
If you still wish to use third-party brands in your advertising, I recommend doing so only with the explicit permission of the brand owner. Alternatively, you can follow the "nominative use" approach, where the third-party brand is mentioned in an informative context to indicate compatibility or similar products. It is important that you do not use the brand in a misleading manner or give the impression that you are affiliated with the brand owner.
To protect yourself, you should also have all your advertising materials legally reviewed before publishing them. An experienced media lawyer can help you identify potential risks and take appropriate measures to avoid legal disputes.
I hope this information is helpful and I am available to answer any further questions you may have.
Sincerely,
Edith Fischer
Media Law Attorney
