Legal Question in Business Law in Texas

Legalities of using another business' name in advertising for you own business

I am a contractor that has contracts to bill through nation wide companies. I am in the process of getting material together for advertising. What are the legal issues involved if I mention an affiliation with another company in my advertising materials?


Asked on 2/12/04, 6:09 pm

3 Answers from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: Legalities of using another business' name in advertising for you own busine

The legal issues are too numerous to spell out, ranging anywhere from tradename infringement to acceptance of liability. Clear it with the other business first, and make sure they OK the actual advertising.

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Answered on 2/12/04, 6:40 pm
Elizabeth Schaefer SCHAEFER LAW FIRM

Re: Legalities of using another business' name in advertising for you own busine

Since these are businesses you have, and I presume you'd like to maintain, relationships with, get their approval on what you'd like to do. Legally, you can truthfully refer to a business or its trademarks under the "nominative fair use" doctrine, if you need to refer to them to describe your product or services, use no more of their name or mark than necessary (which usually means no logo or design mark use) and no relationship of affiliation, license or sponsorship is implied. This is applicable in comparative advertising and some other situations. In your case, business concerns likely dictate that you seek consent.

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Answered on 2/12/04, 8:16 pm
Charles Williamson Charles J. Williamson, Attorney At Law

Re: Legalities of using another business' name in advertising for you own busine

Get a signed release from the other business that you've been associated with before using their name on anything. Also, be careful HOW you use their name - if they approve of you referencing their name, that's one thing. But that doesn't necessarily mean that you can use their trademark. Its easy to get into hot water on this point. Consult with an attorney familiar with this area of practice.

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Answered on 2/13/04, 10:57 am


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