Palo Alto, CA asked in Copyright, Intellectual Property and Trademark for California

Q: Will my website idea violate any copyright and/or trademark restrictions?

I'd like to build a website where I create CAD models of various products and allow users to visually configure them together to see how it would look, and display stats based on their configuration. An example of this would be showing what one brand of rim would look like on another brand's car, and then displaying stats such as total cost and weight. All of the CAD models and renderings would be entirely my own, but would depict each product with as much detail as possible including any Trademarked logos and text. I would also want to provide links to buy these products (directing to the company's own website). I would not be selling anything through this website, except perhaps advertisement space for companies to display their products ahead of others. Would I need each company's permission to do do this? I would think this is treated equivalent to a product review website, but with 3D renderings instead of photographs. A comparable website to this is pcpartpicker.com

1 Lawyer Answer
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
Answered
  • Trademarks Lawyer
  • Beverly Hills, CA
  • Licensed in California

A: The depiction of branded products as you describe, for illustrative and informational purposes, does not infringe the trademarks and is called "nominative fair use" just as it is for reviews and commentary, so long as you are not selling those products. Linking to the trademark owners' sales outlets does not require permission and it is, in effect, free advertising for those companies so they should not complain. Offering to elevate the brands' visibility in return for a fee is also permissible.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.