Legal Question in Intellectual Property in Texas

I am a online grocery delivery company and I want to add freshly prepared meals from a local grocery store. I do not want to advertise the company name as that gets into lawyer fees but I would like to add on my website that I buy these meals from Store X. Since that is a fact am I violating a copyright infringement.


Asked on 11/04/11, 7:51 pm

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

Copyright protects original works of authorship: books, paintings, musical compositions, sculptures, works of architecture, and the like. Taglines cannot be copyrighted (insufficient originality, insufficient authorship).

Trademark protects a business's good name in the marketplace, and identifies the source of goods or services in the marketplace. For example, if I say "Prius," you should immediately think "car � Toyota"; at least, that's the aim of Toyota's advertising of the Prius hybrid automobile.

If Seller A, without permission, advertises their own goods or services as being associated IN ANY WAY with Seller B, Seller A can be found to be infringing Seller B's trademark. Seller A is using Seller B's good name in business to promote Seller A's product/service.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

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Answered on 11/07/11, 7:52 am


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