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Greg Plitt2019-01-17 16:36:18
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Greg Plitt, 2019-01-17 16:36:18

Is there a restriction on the use of vendor and customer logos?

I had a strange issue at work.
We are developing a website for a company and it would seem a common thing to place a block of vendors with which we work and a popular block "Our clients", everything will be a simple list of logos. And for vendors, a few words about the company + links to their products (we are partly an online store).
But according to the regulations, I had to coordinate this block with lawyers, to which they sent me the following answer:

According to paragraph 1 of Art. 3 of the Federal Law of March 13, 2006 No. 38-FZ "On Advertising" advertising is information disseminated in any way, in any form and using any means, addressed to an indefinite circle of people and aimed at drawing attention to the object of advertising, forming or maintaining interest to him and his promotion in the market.
The object of advertising is a product, means of individualization of a legal entity and (or) a product, a manufacturer or seller of a product, the results of intellectual activity or an event to attract attention to which advertising is directed (clause 2, article 3 of Federal Law No. 38-FZ).
Therefore, you intend to place on your website on the Internet information about the goods and about the customers for whom they were supplied, in particular the trademarks of such customers (vendors), in order to advertise your own goods, works and services.
In accordance with paragraph 1 of Art. 1484 of the Civil Code of the Russian Federation, the person in whose name the trademark is registered (right holder) has the exclusive right to use the trademark in accordance with Art. 1229 of the Civil Code of the Russian Federation in any way that does not contradict the law (exclusive right to a trademark), including the methods specified in paragraph 2 of Art. 1484 of the Civil Code of the Russian Federation.
The right holder may, at its discretion, allow or prohibit other persons from using the result of intellectual activity or means of individualization. The absence of a prohibition is not considered consent (permission).
Other persons may not use the corresponding result of intellectual activity or means of individualization without the consent of the right holder, except as provided for by the Civil Code of the Russian Federation. The use of the result of intellectual activity or means of individualization (including their use in the ways provided for by the Civil Code of the Russian Federation), if such use is carried out without the consent of the copyright holder, is illegal and entails liability established by the Civil Code of the Russian Federation, other laws, except for cases when the use of the result of intellectual activity or means of individualization by persons other than the right holder, without his consent, is allowed by the Civil Code of the Russian Federation.
For example, according to Art. 1487 of the Civil Code of the Russian Federation, it is possible without the consent of the copyright holder to use the trademark by other persons in relation to goods that were introduced into civil circulation on the territory of the Russian Federation directly by the copyright holder or with his consent.

And they say, since you want to do it for advertising, then without consent there is no way.
How to be? I have seen similar blocks a million times, who has come across?
This list also includes former clients (companies 20+ years old) and it is very difficult for everyone to send a request, not everyone will understand what it is.

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EkaterinaBel, 2019-01-17
@EkaterinaBel

And for vendors, a few words about the company + links to their products (we are an online store in part)

If you sell their goods in your online store, then this is normal.
For the rest - of course, this is advertising. And in contracts with clients, it is usually indicated that the performer can indicate names on the site. The client may not agree
About a million such blocks - or with the consent, or violated.
For the future - to change the contract, to coordinate the use of TK with current clients. It's strange that it didn't. The obvious thing could have been foreseen. For 20 years.
As for old clients - if you want to specify, discuss the consequences with your lawyers.
The answer is strange - as if a formal reply from officials, and not an answer from in-house lawyers. I would suggest discussing with them whose logos and how you can place them so as not to violate the law
. They should also know what kind of own goods and services you are promoting.

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