A question for those in law

[NoobieMcLee]

Consider this scenario:

I am a huge fan of Apple and Samsung phones, as a hobby I made a publicly accessible website that showcases Apple and Samsung phones hosted in the US with photos and other media formats on the domain www.myfavoritephones.com. This website does not sell any merchandise, and is not sponsored. This site shows advertisements which are moderated by a third party. This website makes money through ads.

 

Would I legally need Apple or Samsung's consent to strictly showcase their logos and products? This website is in no way misrepresenting (as far as I know) the above mentioned companies and their products.

Does any of this sound illegal or infringes any laws that you can think of on the top of your head?

 

Thank you and sorry, i'm too broke to hire a lawyer.

[Arika]

yes, it's infringement

 

Apple

Quote

These guidelines are for Apple licensees, authorized resellers, developers, customers, and other parties wishing to use Apple’s trademarks, service marks or images in promotional, advertising, instructional, or reference materials, or on their web sites, products, labels, or packaging. Use of the keyboard Apple Logo (Option-Shift-K) for commercial purposes without the prior written consent of Apple may constitute trademark infringement and unfair competition in violation of federal and state laws. Use of Apple trademarks may be prohibited, unless expressly authorized.

Samsung

Quote

All information, documents, products and services, trademarks, logos, graphics, and images ("Materials") provided on this site are copyrighted or trademarked and are the property of Samsung Group, Samsung Electronics and it's listed subsidiaries. Any unauthorized use of any material contained on the site may violate copyright laws, trademark laws, the laws of privacy and communications statutes.

Commercial purposes meaning

Quote

Used for Commercial Purposes Law and Legal Definition. According to 18 USCS § 31, term "used for commercial purposes" means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit.

of which running adds on this website to make money would be classified under.

[Volbet]

While my knowledge on US trademark law is lacking at best, there's a has been a bit of harmonization in this field.

 

Generally, no. You can not make money showwcasing a trademarked product without the concent of the trademark's owner. That would include running ads on the site. 

[NoobieMcLee]

So in other words, if LinusTechTips wanted to unbox and showcase a new Razer keyboard without any sponsoring, he would not be doing razer a favor for free advertisement, but instead he is infringing copyright laws as this unbox video is making money off youtube ads. Correct?

[Arika]

2 minutes ago, NoobieMcLee said:

So in other words, if LinusTechTips wanted to unbox and showcase a new Razer keyboard without any sponsoring, he would not be doing razer a favor for free advertisement, but instead he is infringing copyright laws as this unbox video is making money off youtube ads. Correct?

essentially yes. but keep in mind that Linus is a big name in tech and pretty much all the products he unboxes has been sent specifically to him to unbox or already has contact in most manufacturers to obtain approval to make such a video.

 

the fact is your scenario is essentially saying i want to make money based on images of other peoples products, it's not even a review

 

[mr moose]

I believe if you are reviewing or basically carrying out journalistic activities and not selling product using CR material then you are fine.    A showcase of the latest and greatest or historical article on the evolution of phones does not require permission as you are not selling products for those devices.

[wasab]

Depends on your country. Pretty sure Apple is not going to give a damn in countries like say Congo. 

[NoobieMcLee]

6 hours ago, VegetableStu said:

reminds me of the time someone made a tumblr full of .gifs of parts of youtube science channels, then said it was a hobby and does not earn anything from it and wanted everyone to enjoy...

And then what happen to this said tumblr?