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What are legal precedents for conspicuous trademark declarations on a website? Failing that, are there any accepted practices by convention?

I’m working on an E-commerce site where the site owner has many registered and common-law trademarks. The designers are dismayed over how our brands’ product names are festooned repeatedly with ™ and ®, and it does look cluttered.

Researching the display requirements, it seems that only one “prominent use” of the symbol is required per trademark to make the case that any infractions were duly warned. The precedents for “prominent” that I can find are all print — nothing for what counts on a website.

I see sites taking some other approaches:

  • List all trademarks in the footer
  • A separate page that lists all trademarks, like like JD Power’s — presumably with a link to it in the footer

That said, they are in the footer — often the last thing one sees on a web page.

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