QUESTION
Can we put a pic of a soda can with "BOYCOTT!!!" written across the logo on a shirt?
Asked on Jan 14th, 2012 on Intellectual Property - Texas
More details to this question:
Our local area is boycotting a soda/bottling corporatin for their relationship/recent takeover of a local entity. We are making shirts for people with a picture of a soda can with "BOYCOTT!!" over the soda''s name/ logo. Is this considered trademark infringement or is it protect by free speech?
1 ANSWER
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Trademark infringement occurs when you use another's trademark in a way that confuses consumers into believing the product you are selling originates with or is sponsored by the trademark owner. With the word "boycott" on the front, there won't be any question about your non-affiliation with the trademark owner.
Nearly all intellectual property issues are intensely fact-specific. Accordingly, you should consult with an attorney regarding the specifics of your intended use. This forum is not a substitute for personalized legal advice.
Answered on Jan 14th, 2012 at 5:51 PM