Using another company’s product in advertising our product

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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