Legal Question in Intellectual Property in Virginia

I am thinking of starting an online gift card delivery business. My question is, if I go to google and copy a picture of a logo; let's say Olive Garden and use it along with their name to promote their gift card and business,is this copyright infringement or fair use? I am not making money off of their gift cards, I make money off of the delivery. I will use their logo and name so people can choose them if they want.

Thank You

Adam


Asked on 9/18/09, 4:01 pm

1 Answer from Attorneys

Clifford Hyra Hyra IP, PLC

It is not trademark infringement to use a company's trademark for the sale of genuine merchandise from that company that was originally sold under that trademark. If the merchandise were counterfeit or defective, or otherwise had not originally been approved by the company, it could not be sold under the original trademark.

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Answered on 9/23/09, 4:15 pm


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