How can my website legally feature press logos from news organizations that wrote articles about our product's spokesperson?

The use of another's logo, in the example stated, is not for the purpose of selling a similar product or service, would not confuse the consumer as to the source of a product or service and hence is not trademark infringement. There is no copied work of authorship and is not copyright infringement. Isn't this like DishTV v. DirectTV accusing and calling each other names? Floyd E. Ivey, JD, MBA, BSEE Intellectual Property Attorney IVEY Law Offices 509 735 6622 office 509 948 0943 cell [email protected]

Use of these logos, even with your disclaimer, can get you into big trouble. This is because you are at least implicitly trying to benefit commercially by associating yourself (through your trainer) with these famous brands. The owners of these brands could allege that your use of these logos creates consumer confusion because some consumers might believe that your training programs are endorsed by or affiliated with the trademark owners. Even more importantly, the trademark owners could allege that your use of the trademarks results in trademark dilution, reducing the value of the trademark or tarnishing its reputation. Trademark owners may not want to be associated with your web-site and/or training videos, and they may believe that your product is not of adequate quality or stature to be associated with their brand. In short, if you use these trademarks without permission there is a significant likelihood that you will face an expensive law suit. Would you have good defenses in the law suit? Maybe but defending such a law suit would cost thousands--and perhaps hundreds of thousands, of dollars in legal fees. It would be a very risky business decision to use these trademarks without permission of the trademark owners.

Using someone else's logo is virtually always an infringement. I am unaware of any case where a court found a logo use to be a "fair use" because the prevailing view is that you can avoid using the logo and instead use the literal name of the brand or company. Logos are seen by the public as an endorsement, or so the theory goes. I personally believe this is untrue and that consumers can distinguish referential use from a use that implies a sponsorship, endorsement or other relationship depending on the context (but this is not the way the law sees it).

I agree with Attorneys Ross and Bolmarcich -- publishing the media companies' logos on your website is unnecessary to convey to the public that the Trainer appeared on or in those media outlets. While it's lawful to refer to, or name, another company by way of its trade name or trademark [i.e., to make a referential or nominative use of its trade name or trademark] on your website and in your advertising material, it is very likely an infringement to publish the company's logo [there being no need]. The purpose of publishing the other company's logo would be to attract the attention of consumers -- which is, almost by definition, an infringement of the other company's trademark rights [and, if the media company or its trademark is famous [TIME, Good Morning America] then your publication of its logo would also likely be unlawful trademark "dilution" as well. Were I you I would be concerned about whether this "celebrity trainer" has the right to endorse your product -- after all, the reason the celebrity trainer is a celebrity trainer is likely because he or she has already endorsed another product. You should make sure this person is not contractually prohibited from endorsing your product. There are, of course, quite a number of copyright matters that need to be taken care of before you start selling DVD copies of the training video. I strongly suggest that you spend some time with your own intellectual property attorney before you begin offering the DVD's for sale. Good luck.