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Can You Use the Name of a Magazine That Endorses Your Product

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  • 05-23-2012, 11:25 AM
    kristyn.edwards
    Can You Use the Name of a Magazine That Endorses Your Product
    Our product (registered trademark) was third-party endorsed by a national magazine. In order of increasing copyright violation potential, I have the following questions:

    Can I say in our advertisements "As recommended in XYZ Magazine"?

    Can I use a photographic image of the article in which our product was featured (it was one of several on a "Must-Haves For Summer" list)?

    Can I use images of the XYZ Magazine cover that included the article on our product (for example, a photo of the cover of the May-June Issue of XYZ Magazine even though our product isn't mentioned on the cover)?

    If none of these are allowed, how can I spread the word about this magazine endorsing our product?

    Thanks!
  • 05-23-2012, 12:37 PM
    LawResearcherMissy
    Re: Can You Use the Name of a Magazine That Endorses Your Product
    Quote:

    Can I say in our advertisements "As recommended in XYZ Magazine"?
    Yes, because it's factual. You can note "We appeared on Magazine Foo's April 2012 "Must Have For Summer" list." (Or whatever the issue date was.)

    Quote:

    Can I use a photographic image of the article in which our product was featured (it was one of several on a "Must-Haves For Summer" list)?

    Can I use images of the XYZ Magazine cover that included the article on our product (for example, a photo of the cover of the May-June Issue of XYZ Magazine even though our product isn't mentioned on the cover)?
    If you get permission from the publisher of the magazine. They may want to have some sort of licensing arrangement, whereby you pay a fee for the use of the image(s). Contact the publisher.
  • 05-23-2012, 12:41 PM
    flyingron
    Re: Can You Use the Name of a Magazine That Endorses Your Product
    Some magazines have polices on their review. While they can't really enforce them in court, they can omit you from appearing in further editorial content. Consumer Reports is an example.
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