S
Silverwire
Guest
I think I'm pretty safe here, but would greatly appreciate an additional astute legal opinion (I can pay in DNBucks 
). It is a crucial issue to us.
We're developing a website that will be in beta for at least a few months, so I'm reluctant to disclose the actual URL (Competitors and hackers not welcome). I know I'm safe on the domain name, but the content includes a directory of Internet users (nicknames, profiles, etc) and organized by the online group or community to which the users belong. The users will enter their own information, but as part of the data entry and search forms and results (and as part of the database construction) the site will display such categorizations as whether the user is a member of AOL, MSN Messenger, or virtually any online group that may or may not be proprietary and trademarked.
Embedded in the "Terms of Use" of our site is the verbiage:
"Please do not copy content from our site without our permission. This site is owned and operated by ______ and contains material which is derived in whole or in part from ______ and other sources. This site (______), and all of the content of the site, is protected by intellectual property and other laws throughout the world, and is the copyrighted property of ______.com ("______") and/or various third parties. None of the content found on this site may be copied, modified, uploaded, posted, reproduced, republished, distributed, sold, licensed, or transferred without the express written permission of ______. You may download material from this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Unauthorized use of the site would be a violation of ______' and its licensors' rights. In addition, the trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are the property of ______, its affiliates, and various third parties.ââ¬Â
I am not planning on recognizing the "TM" (or the circled "R") in the site as I reference each mark, as my understanding is that it is not required because this falls under "nominative" use. Someone also told me that "collateral" use is allowed under the Lanham Act (though I'm not clear if they misspoke, I couldn't find a legal definition of "collateral" use).
Please enlighten me as to what risks I am taking, if any? Is there such thing as "collateral" use? Thank you.
). It is a crucial issue to us.We're developing a website that will be in beta for at least a few months, so I'm reluctant to disclose the actual URL (Competitors and hackers not welcome). I know I'm safe on the domain name, but the content includes a directory of Internet users (nicknames, profiles, etc) and organized by the online group or community to which the users belong. The users will enter their own information, but as part of the data entry and search forms and results (and as part of the database construction) the site will display such categorizations as whether the user is a member of AOL, MSN Messenger, or virtually any online group that may or may not be proprietary and trademarked.
Embedded in the "Terms of Use" of our site is the verbiage:
"Please do not copy content from our site without our permission. This site is owned and operated by ______ and contains material which is derived in whole or in part from ______ and other sources. This site (______), and all of the content of the site, is protected by intellectual property and other laws throughout the world, and is the copyrighted property of ______.com ("______") and/or various third parties. None of the content found on this site may be copied, modified, uploaded, posted, reproduced, republished, distributed, sold, licensed, or transferred without the express written permission of ______. You may download material from this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Unauthorized use of the site would be a violation of ______' and its licensors' rights. In addition, the trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are the property of ______, its affiliates, and various third parties.ââ¬Â
I am not planning on recognizing the "TM" (or the circled "R") in the site as I reference each mark, as my understanding is that it is not required because this falls under "nominative" use. Someone also told me that "collateral" use is allowed under the Lanham Act (though I'm not clear if they misspoke, I couldn't find a legal definition of "collateral" use).
Please enlighten me as to what risks I am taking, if any? Is there such thing as "collateral" use? Thank you.
