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IPOD Giveaway -

Legality of using brand name and image

         

Argblat

8:19 pm on Nov 30, 2006 (gmt 0)

10+ Year Member



My company has asked me to setup an ipod giveaway on our site for users who access a certain tool.

I would like to use the term 'IPOD' and a picture of an ipod within the contest space on the page.

Are there any copyright concerns in doing so?

Thanks for any help you can offer
-Mike

jtara

8:32 pm on Nov 30, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



I think you mean "trademark concerns".

The purpose of the trademark laws is not to give trademark holders exclusive use of a word or phrase. It's to insure that the word or phrase is not used to confuse the public as to the source of goods or services.

You are free to use the term "Ipod" to refer to a genuine Apple Ipod. If you were giving away a Zune, and called it an "Ipod", then you would have a violation.

If you called your company "The Ipod Center", you might have a problem.

Argblat

8:40 pm on Nov 30, 2006 (gmt 0)

10+ Year Member



Shows how much I know ...

Thanks!

-Mike

jtara

9:40 pm on Nov 30, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



You need to acknowledge the trademark, BTW.

See uspto.gov for further information on U.S. trademarks. Lots of good information there.

Syzygy

9:59 am on Dec 1, 2006 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



If you want to do this properly you should contact Apple's PR department. They will advise on any wording requirements relative to trademarks and provide you with free publicity images.

Look for the 'contact us' link on the Apple site and you'll find a telephone number for their PR department.

Syzygy

[edited by: Syzygy at 10:02 am (utc) on Dec. 1, 2006]

kampfisk

10:48 am on Dec 1, 2006 (gmt 0)

10+ Year Member



Quote:
If you want to do this properly you should contact Apple's PR department. They will advise on any wording requirements relative to trademarks and provide you with free publicity images.

My words:
I agree with him. (I had the same thoughts a few months ago.)

monkeythumpa

10:55 pm on Dec 1, 2006 (gmt 0)

10+ Year Member



I did this last year. Apple lets you use the word "iPod" followed by a (TM) or an (R), I forget which. You can use a product shot but not any of Apple's logos and you need to specify that Apple is in no way a sponsor or endorses your product. All this information is available on their website.