Are there case law examples where a reseller was forbidden to publish the name of the item being resold? Are there case law examples where a reseller was forbidden to publish the name of the item being resold? For example suppose a computer reseller acquires a used computer made by HALCO, model HAL-9001 (fake brand and model). Can HALCO stop the reseller from publishing the brand and model, perhaps in an ad, on their website, or on a piece of paper taped to the unit, as both are trademarked? (There are no authorized HALCO resellers.)
united-states If the computer is in fact a HAL-9001 (no doubt running the Clarke-68 OS) then the reseller can so describe it without trademark infringement. This is a case of nominative use, where the trademark is used as the name of the thing, to describe and/or refer to it. In addition, under US law, an attempt to prohibit the reseller from using that term would run into first amendment issues, and would be subject to strict scrutiny. If the term were used in such a way as to disparage the brand, there could possibly be an action for tarnishment of the trademark. but such actions are now limited in the US on first amendment grounds, following the case of Matal v. Tam. See What is trademark tarnishment or dilution under US law? for more details.
Of course. Copyright law prevents you from making copies, and prevents others from making copies. It doesn’t oblige you to take extreme precautions against vague possibilities that others might break the law. And reading is not considered “copying”. So you don’t have to prevent others from reading your books at all.
OK, the prohibition on commercial use stems from either: The tort of passing off; this is a private civil matter between the model and the publisher, or Breach of s18 of the Australian Consumer Law which involve misleading or deceptive conduct; this is a public civil matter with strict liability (i.e. intention or negligence is irrelevant) between the ACCC and the publisher with fines of up to $1,100,000 for a body corporate and $220,000 for an individual. In both cases the cause of action arises from the possible presumption by a person who views the photograph that the model in it is endorsing the goods or services that you are selling. The standard is: Would a reasonable person, viewing the photograph in context, come to the conclusion that the model is endorsing the goods or services (either because they really like it or they were paid to show they really liked it). Context is everything here. Some examples: If you a photo studio selling the actual photograph then there is no endorsement. If you are using the photograph to promote the studio there is. If you are showing a crowd scene (e.g. at a football match) there is no endorsement. If you are showing a building and the people are incidental there is no endorsement. If you are showing individuals or small groups in a way that promotes your goods or services there is endorsement. So, look at the photograph and the purpose you are using it for: could a reasonable person draw the conclusion that the people in it are endorsing your application?
A trademark can't prevent you from using your own name. For example, see Canada's Trademark Act Section 12(1)(a): Subject to section 13, a trade-mark is registrable if it is not a word that is primarily merely the name or the surname of an individual who is living or has died within the preceding thirty years; However, marks that are "primarily merely" a name or surname can eventually gain distinctiveness in association with a product. In that case, the registration may be allowed. Even so, Section 20(1.1)(a) provides an exception that lets you use your own name, regardless of whether somebody else has registered the mark: The registration of a trade-mark does not prevent a person from making, in a manner that is not likely to have the effect of depreciating the value of the goodwill attaching to the trade-mark, any bona fide use of his or her personal name as a trade-name. The US is similar. See 15 USC § 1052(e), which precludes registration of a mark that is "primarily merely a surname." This relatively uniform treatment of personal names is due in part to the TRIPS Agreement. See Article 24, paragraph 8: The provisions of this Section shall in no way prejudice the right of any person to use, in the course of trade, that person's name or the name of that person's predecessor in business, except where such name is used in such a manner as to mislead the public.
Good question. A trade mark simply protects the company's exclusive right to use it to identify their goods and services. (R) means that the trade mark has been registered, TM means that, while not registered, the company is claiming a trade mark. Trade marks do not have to be registered to be enforceable. You are certainly not infringing their trade mark by what you are doing and you are not laying claim to the trade mark, so there is no requirement to use the symbols. Best practice is to use the symbols and identify who they belong to: "Intel and Core are trade marks of xyz".
It is cl;early not legal to charge for an optional warranty without ever having gotten approval for it. The customer could simply ask for a refund on teh ground that this was an error, and take it to small claims if that was refused. I am sure it is legal to offer such an optional warranty and point out its (alleged) benefits. I do not know if consumer law forbids making this pitch multiple times in the same selling encounter.
In my opinion, you are totally free to publish the information. There are two areas of law that can be cosidered - private and public law. In the private law area, you can be liable for revealing trade secrets, but only if you agreed to keep them by a contract. Trade secrets do not exist by themselves (there are minor exceptions, eg. in competition law, but those do not concern us), they must be protected by contracts. Another private limitations, like libel laws, won't apply here. This is not uncommon, but not in cars - you can find clauses like these in software license agreements. Then there is the public area. Is there any regulation, any policy of the state, that prevents you from publishing it? I am not aware you whole legal code of your state, but I doubt there is. It would be a harsh limitation of freedom of speech. Even if the modification could lead to illegal effect (like, modifying toy weapon to kill by rising its power...) it would be only illegal under very rare circumstances. To conclude it - freedom of speech can be limited only if there is sufficient public interest to do so, and I don't see any.
If such a case came to court, the court would presumably rule that merely publishing the advertising could not be considered to be doing something "commercial". (Otherwise the contract would be absurd, as the question points out.) The court would therefore define "commercial" as some act beyond merely displaying the advertising -- perhaps charging for the website on which it is displayed, or using it to sell goods. Moreover, since the company apparently wrote the contract, any ambiguity in it would be construed against the company, if there is another reasonable interpretation. Thus the contract would not be void, and could be sued on, but the company would win only if it established some conduct that the court was prepared to consider as "commercial" in light of the circumstances and the purpose of the contract. By the way it is not really on point, but it is a common misunderstanding that: some customers may be organized as nonprofit and they're not allowed to make profits Nonprofit entities may do business and make income that would be considered "profit" for an ordinary corporation. What they cannot do is distribute that income as "profit" to owners, shareholders, members, or other individuals.