Legal Question in Business Law in Missouri

Copyright Problems

If I had a computer retail business and I wanted to tell customers what products they could choose from to include in thier system(example)....

Pentium 4 w/ 533 mhz fsb, or

upgrade to a Pentium 4 w/ 800 mhz fsb,

Asus P4C 800 deluxe motherboard,

Corsair 1GB memory and so on....

Pentium, Asus, and Corsair are all manufacturers. Is it copyright infringment to include thier names in product descriptions?

Also is there anylaws from me buying all the componants from a website assembling the computer and calling it my own creation. ... example i take all the components above and call it ''A-1000 system''.

I see this as being looked upon as a new product with just different peoples parts in it. Or a service where u told me what u want in it and im just puttin it together for you. I really dont know and im just lookin for general ideas on the subject.


Asked on 5/01/04, 1:15 am

2 Answers from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: Copyright Problems

First of all I would say that your business idea sounds like a very good one. To answer your basic questions, I am not aware of any law which would prohibit you from mentioning the various computer components by brand name so long as you do not misrepresent yourself as representing the manufacturers or licensed distributors of those components. You do need to consult with an attorney regarding the organization of your new business and your compliance with various legal requirements. If you would like a free telephone consultation you may call me at 314-727-2822.

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Answered on 5/01/04, 6:44 pm
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Copyright Problems

The issue is really not copyright (which protects creative works) but rather one of trademark. Pentium is a trademarked name. In any advertisement you need to use the (TM) symbol or the (R) symbol to show that the trademarked name is registered. At the bottom of your advertisement you should include a disclaimer to the effect that: "Pentium is a registered trademark of Intel Corp.; X is a registered trademark of Y, etc....

You cannot give your computer a name that is trademarked (e.g., you can't call it a Presario because that is a registered trademark of Compaq corporation) and you can't reproduce advertising of another company in your advertising. You can, of course, include technical information supplied by the manufacturer of the component (e.g., "the Pentium is faster than a republican fund raiser," according to information released by Intel corporation...)

As long as you do not attribute false information and associate it with the trademarked names, you are going to be okay for the most part. If you have specific questions about a specific ad and specific copy, it is a good idea to retain an attorney and have him or her evaluate that copy.

Best of luck to you.

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Answered on 5/03/04, 10:00 am


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