Brand name products in marketing material

[Johnny Ringo]

I am currently developing my flyers and other marketing materials. Is it okay to have pictures of brand name products on my marketing materials? Can I put pictures of Coca-Cola cans or Doritios bags? Is that bad or illegal?

[ANDERSONVENDING]

Johnny,

Look at my avatar,I am a supplier of all these products,how can I advertise these items if I don't use pictures?In answer to your question I use them all the time.

John

[canuck]

Agree with John.  I worked in sales/marketing in the food biz prior to my current job.  You can always show photos of products even if you don't have legal rights to them.  For example you can show a photo of superbowl tickets for a raffle even if you haven't paid for superbowl rights.  However in the description you would not be able to mention 'Superbowl' or 'NFL' without obtaining the rights.  The photo was a trick to get around this..however you must in fact be giving away the tickets.  For vending, you can use product shots with no problems.  For text, ensure proper brand respect.  At a min capitalize all brand names.  In theory you should show they are a registered trademark HOWEVER nobody does it and the companies will not come after you since you are trying to resell their product.  Hope this helps.  Tim

[ageevending]

While the trademark holder is the ultimate determiner of how the mark will be used.  You can use a logo is "good faith" if it promotes the product of which you are selling and you make it clear that that "Coca-Cola is the registered trademark of the Coca-Cola Company... etc.."

Of course Coke must notify use of the improper use of their mark and show damages... which would be difficult in this case, since you are a reseller..

[Johnny Ringo]

Thanks for the responses. My flyers have been printed and are scheduled to arrive on Monday. And they do contain brand name pics and names.