Question

Topic: Other

Using Our Customers Logos On Our New Website

Posted by mlneyman on 5/23/2013 at 2:44 PM ET 250 Points
I'm working with a freelance coder and we are designing a new website for the company I work for. I would like to make an "Our Customers" subpage and I would like to use the logos of the customers who have bought our product. My coder and I have a disagreement about what is legally "Fair use" and what is not. I also created a design where the logos are at a 10% opacity and covered them with a large generic font with the name of the company. I thought since the logo is barely visible then it would ease his worries about using the logos directly. He was not easily manipulated. Here is what he said.

"It looks nice, however this would still be trademark infringement and I would not be comfortable adding this to the site. Not only the legal ramifications of being sued, but one report to Google and the site would be blacklisted from Google as well. Websites get sued all of the time and blacklisted from Google for this. Not a good idea and I don't want to be responsible for this. Just listing the sites like you did in a font but no logos behind them would work. But anytime you use their logo, it is infringement if you don't have permission."

Is what he said true? Is there a way I can get around it? And if this is such a big deal why do many companies list their clients/customers using their logos?

Should I go ahead and just start researching the use of the logos and asking permission? I've already had some companies tell me no. I'm scared they will all say no to the use of their logos. Help please!
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RESPONSES

  • Posted by SteveByrneMarketing on 5/23/2013 at 3:14 PM Accepted
    Trademark infringement cases depend on many factors, such as venue and case law. You could be sued (with or without merit) so how risk adverse are you? Neither you nor your coder know the law with all of it's complexity and consequences. I'm not a lawyer and this is not a legal advice forum. So it's best to visit a lawyering forum or better yet talk with a lawyer.
  • Posted by Moriarty on 5/23/2013 at 3:16 PM Accepted
    Getting written permission is the most sensible way.

    After all, it's free advertising for them ... and there will be some who will readily give this, especially with a backlink from a site that is authoritative (good for Google page rank, especially if it brings quality traffic). There are people who charge to advertise on their sites - and you're giving it away for free!

    I don't think there will be many who say no, to be quite honest.

    Go for it!
  • Posted by Jay Hamilton-Roth on 5/23/2013 at 4:50 PM Accepted
    Yes, asking is a good practice. But since you've already gotten some "no's", it's likely that you have an uphill battle. Perhaps your clients don't want a public connection to your business (maybe it's a trade secret, for example). Read this for some details: https://smallbusiness.chron.com/fair-use-logos-2152.html
  • Posted by Gary Bloomer on 5/23/2013 at 8:09 PM Accepted
    Always ask for this kind of permission: ALWAYS. If permission is denied, ABORT. Your coder has your best interests at heart. Listen to his opinion.

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