Using another company’s product in advertising our product

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Using another company’s product in advertising our product

If my company installed shelving for, lets say Gucci, can we advertise/post on
social media a photo of our shelving installation that has Gucci products/labels
on those shelves?

Asked on April 23, 2018 under Business Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you cannot. Doing so would violate at least one, possibly more, of the following:
1) Trademark: if the other company has trademarked its name and/or logo (or even a specific design element or look of its product), only it and those it specifically gives permission (typically in exchange for licensing pay)--and no one else--may use, display, etc. that trademark.
2) Unfair competition law (e.g. the Lanham Act): using an image, etc. of another company's product can suggest a partnership, arrangement, deal, common ownership, etc. between you which does not exist, and that could constitute unfair competition.
3) Less likely, but possible: copyright. If the graphic look of the product or any text or images on it are protected by copyright, then using that without permission violates copyright.
Long story short: you need the other company's permission to use pictures, etc. of their products for your commercial purposes.


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