QUESTION

Is it copyright infringement to reference a trade name within an article?

Asked on May 25th, 2015 on Patents - California
More details to this question:
My company owns a website that allows users to post their own unique articles, and we then share the advertising revenue generated by these articles. One of our users referenced a large US national bank within an article. This article was not trying to sell anything, it was only advocating for a specific service that this bank provides. The bank informed us that we are committing copyright infringement by this reference to their trademark/trade name, and demands that we take down every webpage that contains the trade name. Are they legally able to make this request? Does a mere reference to a trademark/trade name constitute copyright infringement? Does the trademark/trade name have to be included within the sites meta data to constitute infringement? And perhaps most importantly, can we be held liable for any of this?
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2 ANSWERS

Mere reference is likely to be protected under "Fair Use". You seem to be confusing trademark and copyright protection, they are different things. A trademark protects an identifying mark/phrase/logo used in commerce- in a word, the owner is entitled to prevent a likelihood of confusion with another thing. A copyright protects a creative work fixed in a tangible medium.
Answered on Jun 08th, 2015 at 9:38 PM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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The bank can't force you to remove the reference on the grounds that it infringes their copyright because the bank has no copyright ownership in another's work (the articles on your web site). It also can't object to your using its trade name because there's very little protection for trade names. And how else are you going to refer to the business except by using its name. It may have a valid object to the use of its trademark on a couple of grounds: 1) if you're using the mark without acknowledging that it is a trademark that belongs to this particular company, 2) if the information contained in the article is defamatory or derogatory, or 3) if the articles on the site are somehow misleading or the bank does not want the author's name associated with its services. Ask the bank to clarify its reason for objecting, what specifically it objects to, and why the only solution is to pull all of the web pages.
Answered on Jun 08th, 2015 at 9:38 PM

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