Do I need permission to use a restaurants menu on my website?
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Do I need permission to use a restaurants menu on my website?
I own a multi-restaurant delivery service in small town Gallup, NM. I went to
all the restaurants to get permission to use their menu on my website. All the
owners that I asked said yes. Others said the owner did not live in town and they
cannot give out their contact information, but they can pass the information. I
haven’t received word from any of the owners. The restaurant would not be losing
any money as I am paying full price for the food, but I do add a 15 gratuity to
the price which goes to my drivers which is noted on the website. Also it will be
noted that my business is affiliated with those restaurants. Also we have a few
McDonald’s and Taco Bell’s and a Starbucks here and I wanted to use their menu
too, but I have yet to hear back from them after leaving a voicemail and an
email. Is it okay if I use their menu with my own font and not using their logo
and add a 15 gratuity to the price for my drivers?
Asked on July 18, 2016 under Business Law, New Mexico
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You can use the information from the menu, so long as you do not use any trademarks: that is, you can manually re-enter the names and prices of the food. That is because information cannot be protected by intellectual property laws: only original expressions (copyright) and/or text, marks, and images used to identify source of product or services (trademark). So do not use scans or reproductions of their menus, even ones you have modified; do not use any trademarks; do not use any of their graphics; etc. If they don't give you permission, all you can do is use the actual informaton: e.g. hamburger for $7.95.
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