How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask rvlaw Your Own Question

rvlaw
rvlaw, Attorney
Category: Business Law
Satisfied Customers: 8386
Experience:  NYC Trial Attorney 30+ years; Law professor ; BUSINESS LAW; CONTRACTS; TORTS; Arbitrator
Type Your Business Law Question Here...
rvlaw is online now
A new question is answered every 9 seconds

My daughter used to work for a local company and did all ...

Resolved Question:

My daughter used to work for a local company and did all their marketing. She has since left that company but two of their offices still pay her to do their promotional materials/gifts. They have over 700 offices all over the US. She is starting a company to market these items. Her two offices are aware of this. Her initial target audience will be the other 698 offices of this company. We are developing a web site now with the products. Our question is this.....can we show a product on the website with a tag that has this company name and logo that we are promoting the product to? We don't want to do anything that infringes on their copyright but I get mail all the time that has my business name on a promotional product (pens, magnets ect.) soliciting my business. So, we just didn't know what the legal ramifications would be. Can you help us?
Submitted: 5 years ago.
Category: Business Law
Expert:  rvlaw replied 5 years ago.

Hi,

Please clarify. Your daughter wants to put products of X company on a website targeted to sell her services to other offices of X company?

Rich

Customer: replied 5 years ago.
Reply to rvlaw's Post: Sorry, I didn't make that very clear. She makes items for two local offices of X company to help them sell their services. For example - a stress pack with information on how X company can reduce caregiver stress, or a pill bottle with candy in it that sells the medication reminder service. She would like to show these types of items on a website to the other 698 offices of X company and sell to them as well to promote their offices.
Expert:  rvlaw replied 5 years ago.

She would need the permission of home office of X to put any of their products on the website even though she feels she would be helping them with the free publicity.

rich

Customer: replied 5 years ago.
Reply to rvlaw's Post: They are products she has developed on her own - they are not things that X company sells but things she has created to promote X company. Does that matter?
Customer: replied 5 years ago.
Also, each of the companies are franchises of the main x company and each is independently owned.
Expert:  rvlaw replied 5 years ago.

It doesn't matter I'm afraid. You simply cannot use trademarked products without permission.

Rich

Customer: replied 5 years ago.
Reply to rvlaw's Post: Ok, I guess she will have to leave the logo and company name off of the product. For example a "stress pack" that contains a stress ball, candy, camomile tea and cocoa and a label that says....."Call our "Your company name here" to let us help you reduce your caregiver stress". X company would potentially purchase that to hand out to prospective clients. She had developed marketing text to go around a product for example - Don't go home alone. Let us help you with hospital discharge services. We are available 24/7..........as long as she develops the text and does not include a logo or a company name I don't see how they could have an issue.
Expert:  rvlaw replied 5 years ago.

It's not just logo....the packaging may be recognizable. You are asking for a lawsuit here if you proceed without permission. I cannot make it any clearer. Proceed at your own risk.

Rich

Customer: replied 5 years ago.
OK, I'm not trying to be difficult. I'm just trying to understand. I get what you are saying very strongly. I still don't understand why what she is doing (minus the company name/logo) would be any different than any promotional web site that has items used for marketing tools. I've been on hundreds of them in researching for this and they do the same thing. For example there are real estate type of promotional web sites that sell items to help realtors sell their services. They don't use a particular company name but sell things like little house key chains ect. that relate to the real estate industry just as she would be doing in the health care industry.

You have definitely convinced me we can't use the logo or company name or anything that is particular to X company without permission from the office that is purchasing the product.

My husband and I had a small company and we got promotional advertisements in the mail all the time with products for sale and they had our company name on them in the advertisement promoting pens, note pads or key chains etc. Are you saying we could have gone after them with lawsuits for using our company name in the advertisement???
Expert:  rvlaw replied 5 years ago.

You could have sued if you felt that you suffered any damages as a result or if you felt that in some way the recognition factor of your product was in some way diluted....WITH OR WITHOUT THE LOGO.

Rich

rvlaw, Attorney
Category: Business Law
Satisfied Customers: 8386
Experience: NYC Trial Attorney 30+ years; Law professor ; BUSINESS LAW; CONTRACTS; TORTS; Arbitrator
rvlaw and 9 other Business Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA