Can I run an online survey of different trademarked Products? 2 Answers as of February 09, 2012
By law, can I do an online survey asking customers to rate our product to other brands in our category? We would being using the pictures of those products in the survey. Example: Ask customer to rate our product A (1.as good as 2.no difference or 3. prefer our product more. to three or four different products. All products are trademarkedFree Case Evaluation by a Local Lawyer!
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Law Office of Kirk Buhler | Kirk A Buhler
In general, you can't make money by using a trademark that you do not own because it dilutes the value of the mark. Showing a picture of a candy bar is not the same as showing the same candy bar with the wrapper that shows the trademark.
Answer Applies to: California
Replied: 2/9/2012
Barton Barton & Plotkin | Maurice Ross
Probably, but I would need more details to be sure. Your use of the photographs of the products probably would be "nominative" and fair use. But no lawyer can answer this question definitively without knowing many more facts and details. Before proceeding with this project, you would be well-served by retaining counsel to advise you.
Answer Applies to: New York
Replied: 2/9/2012
