As a fashion company selling accessories, can I post a commercial photography on my ecommerce website which would show one of the items I sell next to some other famous branded item/s with their logo on? Is it legal? In a way it is using other branded item in your photos, but on the other hand I am not sure why this would be illegal if these branded products are just photographed next to products I sell.. Could someone explain please?
Example: I sell watches (my brand) and post a picture on my ecommerce website with the watches on the same photograph next to a famous Louis Vuitton handbag with a popular logo or next to other famous and popular item with a logo which everyone recognises ? is that legal?
Another scenario – what if a customer sends me a photo (and gives permission to use it) wearing one of my watches but also wearing a famous CHANEL handbag on the same photo.. Can I use it on my commercial website or social media?
Also, if it is not legal on your ecommerce, would it be legal to post that on company?s social media platforms?
I will really appreciate any replies!
Thanks
Alasdair Taylor's Answer
Yes, this can be a legal problem.
First, under trade mark law, this could be an infringement. See s10, in particular 10(6) of the Trade Marks Act 1994:
http://www.legislation.gov.uk/ukpga/1994/26/section/10
The comparative advertising rules may also be relevant. See:
https://www.cap.org.uk/News-reports/Media-Centre/2015/Insight-A-quick-guide-to-comparative-advertising.aspx#.WEV1w_nyibg
Second, there can be copyright problems. See my blog post on the subject, here:
