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Need Your Help: Is it ok to use company names in titles?

by JDSalinger
7 replies
  • SEO
    • |
Hello all,

I am curious what everyone's thoughts are regarding using company names or products in a title of an article? Example title of article: Tired of Acme Air Purifiers?

1. Is this copyright infringement?
2. If so, does it make a difference if you are making a review of their products?
3. What about a positive review of them?
4. How do you get around this area with your articles?

I am curious what everyone's experience has been in this area?

Best,
JDSalinger
#company #names #titles
  • Profile picture of the author dburk
    Hi JDSalinger,

    I'm not a lawyer so you should not consider this legal advise. (My lawyer made me say that). You certainly can use trademark names to describe a product or service, It's called "nominative fair use" or "nominative use" in trademark Fair Use law.

    See: Nominative use - Wikipedia, the free encyclopedia

    It all depends on how you use it. In an article it's probably OK, however in an advertisement it would not be OK. So, if your article could be classified as an advertisement, then you could be crossing a line.

    Hope that helps.
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  • Profile picture of the author scene4u
    As far as I am aware it is fine to write an article/review on a product without them having a case against you. Try to make the point that the article is your own personal view and nothing more.
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    • Profile picture of the author JDSalinger
      bump. It is embarrassing I have to bump my own thread.
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  • Profile picture of the author Fender85
    Repeating the standard disclaimer of not being a lawyer and this not being legal advice (in fact, it's purely for entertainment), but content is fine - but as mentioned earlier, advertisement is a no-no (like on PPC), and in a domain name is a BIG no-no.
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  • Profile picture of the author write-stuff
    As dburk noted, it's an issue of trademark, not copyright. It is perfectly OK to mention a company by name. I don't drive a Ford, but I did at one time. The issue is whether or not your use of the name is likely to confuse or mislead the public. I might open up a Ford Furniture store and be just fine. If I tried Ford Automotive, I'd still probably be ok as long as I didn't use some fancy script that people might believe was from Ford Motor Company. Of course, any company can rattle their legal sabres at you whether any actual infringement has occurred or not.
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  • Profile picture of the author SurviveUnemployment
    It's an issue of free speech. As long as you do not present yourself as a rep of Company X, you are completely free to say "Company X Stinks!"

    I am not a lawyer, but that's the way it was explained to me by a lawyer.
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