Legal Question in Business Law in California

Hello,

I am designing an e-commerce website for an upcoming fitness DVD product.

The product is brand new and therefore has never been mentioned in the press.

The trainer that is shown in the product (in the workout DVDs), however, has been featured on TV and in magazines in the past, but unrelated to this product.

Is it legal for us to show the logos of these magazines, TV stations etc. on the e-commerce page where we sell the product, even though they featured only the trainer but not the product?

Would it be better to include the logos with the following (or similar) disclaimer:

Featuring celebrity trainer Jane Doe, as seen on:

LOGO LOGO LOGO LOGO LOGO

Thank you for your help.

Best,

Robert


Asked on 5/24/12, 1:10 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I believe the safer course is to mention the names of the magazines and TV stations, but to avoid use of their logos without written permission. There are all undoubtedly trademarks and your use of them, even just to help identify the trainer, could be infringement.

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Answered on 5/24/12, 1:28 pm


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