Legal Question in Business Law in California

Use of a customers' company name

I want to use my customers company names in a list to show to prospective customers.

I will not include prson's names, phone numbers addresses or any other information except that this company was a customer in 2003. The list of customers is impressive, but it would take a very long time to contact each one and have them approve. They simply purchased telecom equipment from us this year. Am I allowed to do this? It would be distributed on a very limited basis.


Asked on 12/29/03, 1:43 pm

2 Answers from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: Use of a customers' company name

Was upon whom these customers all are and how they feel having their names publicized with your company may have a right of privacy. If there are approximately 10 of the top names and you feel secure get their permission is very simple. In slowly you can go through the "exhaustive list" in get the rest. It's better to be safe within sorry, promoting bad will and having to spend a great deal attorneys fees that you otherwise should not have.i have been practicing law in this speciality for over 30 years in the san francisco bay area and if you wish to consult with me you can contact me at 925-945-6000.

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Answered on 1/05/04, 10:38 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Use of a customers' company name

This isn't one of those things that is clearly legal or clearly forbidden. It's something that COULD result in a suit for damages on some theory or other, but ordinarily doesn't.

Quite a few businesses, including lawyers, list their clients in advertising.

I think you should ask a representative sample of your more important clients whether they have any objection. Even if it's "legal" (i.e. does not result in a suit for damages), you don't want to cause your major customers any displeasure.

If anyone did object so strongly that they sued, in order to win they would have to establish that your release of the information was somehow improper AND that as a result they suffered some financial harm. These conditions MIGHT occur (for example, if purchase of your product was a trade secret, or caused them to be held in disrepute for buying from you), but I think it's unlikely.

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Answered on 12/29/03, 4:02 pm


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