What Is Infringement?
In the United States, mentioning another company’s trademark on a website is not automatically infringement. A news report, review, or truthful product comparison can identify a brand without claiming that the website is operated, sponsored, or approved by the brand owner. The context matters: misleading presentation can create a likelihood of confusion even when the words themselves are accurate.
Use the name only as needed to identify the product or company, make your own identity clear, and avoid suggesting an affiliation that does not exist. A disclaimer can help explain a relationship, but it does not automatically cure a misleading page. Copying a logo, photograph, or other artwork can raise separate copyright or other rights issues.
Is It Ever Okay?
Reselling a genuine branded item can allow you to identify it by its trademark without becoming an authorized dealer. Describe the item and its condition accurately. Altered, materially different, used, or reconditioned goods may require additional disclosures and can raise trademark issues. Permission to resell an item does not automatically authorize an official-looking storefront, a claim of sponsorship, or use of the brand as your own business identity.
Using another party’s mark to brand your own goods or services is a different question. Check whether you need the owner’s permission or a licence and whether the proposed use complies with its terms. The US principles above are not a worldwide permission: local law and the destination market must also be considered.
A website trademark notice example
A website notice can identify a brand owner and explain your relationship to that owner. For an independent review with no sponsorship or affiliation, an illustrative notice is:
“This independent review was prepared by [Website name]. [Brand] is a trademark of [Trademark owner]. [Website name] is not affiliated with, sponsored by, or endorsed by [Trademark owner].”
The bracketed terms are placeholders. Verify the owner and use the relationship statements only if they are true. A paid partnership, affiliate arrangement, authorized-dealer relationship, or other connection may require different wording and additional disclosures.
Place a relevant notice where readers will see it alongside the reference. Check the heading, logo treatment, links, and overall page presentation too. In the United States, a notice does not create permission to use a mark or guarantee that a confusing presentation is lawful. The legal question includes whether people are likely to be misled about affiliation, sponsorship, or approval. 15 USC §1125(a).
This example is a website relationship notice, not a disclaimer submitted in a trademark application.
Summary
You can often refer to another brand truthfully or identify genuine goods offered for resale, but there is no blanket permission for every use. Separate a factual reference from a claim of affiliation and from use as your own brand. For comparative advertising, keep the comparison accurate, substantiated, and non-deceptive.
Trademark infringement occurs when one party misrepresents its relationship to the brand and its products. Trademarks are in place to protect consumers from this fraud and the trademark owner from damage to their brand.
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