QUESTION

Can a trademark be used in a phrase without permission

Asked on Jan 27th, 2014 on Intellectual Property - New York
More details to this question:
Can someone use a trademark in a phrase without permission? ie We use DuPont products
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2 ANSWERS

Divorce Attorney serving Chappaqua, NY at Browde Law, P.C.
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That depends upon the phrase and the use.
Answered on Feb 03rd, 2014 at 3:34 PM

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Intellectual Property Attorney serving Manchester, NH at Hayes Soloway P.C.
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The value of the trademark is: 1) as a source identifier; and 2) as an identifier of quality. You can run into trouble when you start confusing sources of goods or start using somone's mark to imply a quality of your own. I would suggest not using the aforementioned phrase without seeking permission of the trademark owner. If use of the mark is necessary to tell your customer how to obtain your product (i.e., "the app can be found on iTunes." iTunes is a trademark used in a phrase), there is some fair use allowance, but what you have described does not provide for that same fair use. Good luck, Todd
Answered on Jan 27th, 2014 at 3:25 PM

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