Legal Question in Business Law in Washington
I am starting a lunch delivery service later this year and I want to see if I legally am required to get the restaurants permission/approval in writting to use their logo and/or menu items(not using their exact menu) on our website advertising? We are not charging the restaurant anything for as almost all were not willing to agree to discounts on the items we were delivering for their restaurant.
Please advise.
Thanks,
2 Answers from Attorneys
Unless you have written permission from the various restaurants, you should not use their logos or other protected content. Most restaurants have trademarked or copyrighted their logos and the names of certain dishes. By using those items, you have violated the restaurant's intellectual property rights and they can seek both actual damages and consequential or incidental damages for improper use. I would suggest retaining an attorney to draft an agreement that would authorize your use, but clearly protecting the restaurants and their intellectual property.
Good luck.
As a Franchise Attorney I basically agree with the other attorney answer. Anytime you use someone's intellectual property, like a logo, name, etc., you need their permission before using it. And this is not something you want to attempt on your own. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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