Trademark infringement

[RSUE2]

My website is almost finished. At the moment, I have a royalty free image on my website homepage. The image is of a person holding a luxury designer bag. Is this a problem?

Thank you

 

[Gecko001]

I believe "royalty free" does not always mean that you have permission to use it. You need to carefully read the terms and conditions on the site/CD where you found the image.

 

[thelegalstop]

My website is almost finished. At the moment, I have a royalty free image on my website homepage. The image is of a person holding a luxury designer bag. Is this a problem?

Thank you

Usually, that person (model) will have had a separate release agreement with the supplier of the photo. Make sure that the person selling you that picture is happy for you to use it on your website in the way you do at the moment and you should be fine!

 

[RSUE2]

Sorry, I didn't explain myself very well. The website I got the image from says that it is "free for personal and commercial use". I was more concerned about the bag itself and running into issues with the luxury brand.

Thanks for your replies @Gecko001 @thelegalstop

 

[F_B]

A registered trade mark is infringed by use of an identical mark for similar goods or services where there is a risk of confusion on the part of the public. Or, separately, if the mark is of significant repute, and that your use of that mark on unrelated goods/services would be of detriment to their reputation.

So:
1. How well known is the mark?
2. What is the function of your website?

If your website offers bags for sale then you are at risk of allegations of infringement (your use of the image containing an identical mark is arguably use of the mark, and you would be offering identical goods). Alternatively, if your website disparages the mark you may also be at risk of infringement.

If, however, your website is for some other, entirely unrelated, purpose then the risk of trade mark infringement is likely to be low.

 

[Gecko001]

Maybe this is something you want to take up with the luxury brand. The worst they can do is say no. BTW I would probably take the picture down before contacting them.

 

[F_B]

Not a trade mark infringement case, but Ryan Air successfully had www.ihateryanair.co.uk taken down:
https://www.theguardian.com/business/2010/oct/12/i-hate-ryanair-website-closed

Although, looking at it, that url appears to be live again.