Question

Topic: E-Marketing

Is It Legal To Place Product Images In Banner Ads?

Posted by Anonymous on 9/2/2011 at 1:56 PM ET 25 Points
I have an E-Commerce website and have never run banner ads before but currently have a very well known graphic design company designing a banner for us. They work with freelance designers globally. Currently we have had drafts created by 3 different designers. Here is the issue:

All 3 of these have product images or logos. For example since we sell Consumer Electronics some have the Xbox 360, Sony PS3, Nintendo Wii, and other similar logos. Others have the product images for products such as the iPhone 4, iPad, and other similar items. I immediately thought that this was a copyright issue but yet with all 3 submitted drafts having this I have to wonder if that's the case. Not all of these designers are in the US though. I'm located in the US but know that laws may vary in other countries.

In the past we had our logo designed by this same company but I understand a logo may not be the same since it's representing us and also is trademarked by us. An ad is simply a banner ad that is just an ad for products we sell or sell accessories for and it's not trademarked by us. I just don't want to run into any copyright issues down the line. Does anyone have any knowledge of this or know where I can go online to get legal information on this? Even if I'm allowed to place these logos or images in our ads I am wondering if we have to have small print at the bottom of the banner stating that for example "Apple iPhone is a trademark of Apple, Inc". It just would take away from the ad and I don't think I've seen this before.

Thank you for your advice.
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RESPONSES

  • Posted by michael on 9/2/2011 at 2:22 PM Accepted
    I had a client who lost his contract to sell a vendor because he was using the logo in the ads. Other vendors didn't care.

    Just check with them if you're concerned. Or, read your contract...if you have one.

    Michael
  • Posted on 9/4/2011 at 8:45 PM Accepted
    Some vendors frown on using their logos, others don't. Some have certain restrictions on how you use it. Some actually pay co-op advertising if you include their logos.

    So all of this is to say that your best bet would be to contact the companies whose logos you want to use and ask them what they want you to do. They may love the idea that you'll promote their logos. You won't know if you don't ask.
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