intellectual-property
Is it legal to create a paid App that lists commercial businesses without their permission?
<p>similar to this question - <a href="https://law.stackexchange.com/questions/6327/listing-clubs-and-businesses">Listing clubs and businesses</a></p>

<p>If i say created an android app that listed the names and locations of golf clubs and shops selling golf related things (without permission) that would obliviously be okay because there "facts", but what if I where to charge say $2 to download the app ? Would that not be considered as making money from there name/company, especially if it where trademarked.</p>

<p>What would the legal repercussions be of designing such an app and charging $2 for people to download it ? </p>

<p>I'm not actually considering doing this, Just interested in what the law is concerning things like this.</p>

<p>I don't think there is a difference as to whether you are charging for the service or not.   </p>

<p>You are charging for providing a service (your app and the technology and marketing behind it), and not making monies of the trademarks.   Looking at your competition such a Yelp, nobody is objecting to be included, rather the opposite, and often companies are paying to get preferential placement within the app.</p>

<p>Companies have the right to control the use of their trademarks, so make sure that you are not using them in a way that where they are looking as they are endorsing your app, and make sure that you make it clear how they can be removed or included in your app.</p>

<p><em>Playboy v Welles</em> stands for the fact that we can use trademarks in a descriptive manner. Specifically, that descriptive (aka nominative) use is fair use. </p>

<p>The test is pretty simple. You can use the trademark (in this case, the name) if the product or company cannot be identified without it, you only use as much of the mark as is necessary to identify the company, and you don't suggest that the company endorses you or your use of the trademark. </p>

<p>It's all about likelihood of confusion - will a consumer confuse your product with the trademarked product? That's where you don't want to go. </p>
