Legal Question in Intellectual Property in New Jersey
Is it legal to use photos that include company logos or trademarked items in a book or ebook?
I have a book called "Eat This Not That" that contains all sorts of photos of supermarket items and says to eat or not eat them. The only disclaimer is a blurb in the beginning that the inclusion of trademarks does not constitute an endorsement for or from the manufacturers.
Does this mean that this sort of thing is legal, say under fair use laws? I can't imagine that Haagen Dazs gave their permission to put a photo of their product on the cover as something not to eat. I have instructional ebooks to sell that have some pictures of signs and such but are nowhere near as blatant as this book. Could someone tell me how this is done legally? I would greatly appreciate any help.
1 Answer from Attorneys
So long as you are not using someone else's trademark in connection with similar goods of your own, you will not have a trademark infringement issue. However, you may have some problems that you haven't thought about. You can't use photos for which someone else holds a copyright unless you have permission. That could apply to reproductions of product labeling depending on how it is shown. More importantly, you should learn the definition and application of "product disparagement" and steer clear of it in your writing. Remember that even if what you say is arguably true, it may also be arguably false and that could lead to lawsuits from vendors who don't like what you have to say. There is a lot available on the Internet that can give you good background. You should consult a business lawyer with a strong intellectual property background before you actually commit to publication. /p/ See also: http://info.corbettlaw.net/lawguru.htm
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