Legal Question in Intellectual Property in Massachusetts
Using another company's trademarked name
If you have a web site that allows users to review companies and rate their service, can a company force you to take their name off your site because it's trademarked? No logo or graphics are used, just a list of company names.
1 Answer from Attorneys
Re: Using another company's trademarked name
Quite an absurd notion under the facts as you present them. You should consult with an attorney. It is not infringement to use a company's trademark for purposes other than the sale/use/promotion of goods or services in a manner to cause confusion in the marketplace; else, every news entity in the country would long ago have been forced to cease printing the financial news. Providing a forum for an open exchange of ideas is what the 1st Amendment is all about. Likely to give the trademark owner a black eye if they are foolish enough to push this, but do recognize that it may cost you some serious legal fees if you can't induce a rights organization (like ACLU) to take it on.
Best wishes,
LDWG
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