Trademark infringement/dilution question (product photographs)

[Vic1]

Hi, I'm hoping someone can offer their views on the following please:

I intend to buy some products from a shoe store and then photograph them and post those photographs on a website. From there visitors to the website will be able to say which one is their favorite and critique the products in the photos if they wish. The products will be identifiable as far as brand goes.

For example, I buy a pair of Nike runners and a pair of Reebok runners, photograph them, publish the photos and then do a product review of each runner where people can say which one is their favorite and give their opinion about them if they want to add a comment.

I understand I own the products and photographs...the question really is whether the opinions will fall under freedom of speech and not fall under trademark infringement and or trademark dilution? I imagine some brand owners won't like seeing their products being pit against others and possibly being given less positive reviews than competitors... and therefore might attempt to claim trademark infringement and or dilution. Would they have a case or does this simply fall under freedom of speech?

Here is a similar example Voice Faceoff: Skype vs. Google Voice

Thanks for any advice you can offer.

[Lexus]

From the facts it could understand that you want to do a mere comparison of two products. If that be so it seems that there won’t be any Trade mark infringement issues. The opinions will come under the purview of freedom of speech. But the problem is that the brand owner’s may don’t like your idea, and there is every chance for initiating legal action form their side (other than Trade mark infringement). You may give a disclaimer status on the website. It is better advised that you may consult with a Trade mark Attorney before you start your task.

[Vic1]

Thanks for your help. I received some advice from a legal 'answers' website and they felt there would be no grounds for any legal action under trademark infringement or trademark dilution.

You mentioned comparing two products...do you think it would make much difference if there more than two being compared to one another?

Also you mentioned that the brand owners might initiate legal action but not under trademark infringement. What would be the likely basis they would be taking action on then?

Thanks, I appreciate any advice you can offer.

A trademark can be registered for any mark that distinguishes you. That mark can be in form of a brand name or a logo or a catchy line. It can represent your organization or your product or services.