If you are selling real BATMAN products, you can use the name to describe what you are selling. It would be unfair competition for you to capitalize on the BATMAN trademark to make money. You cannot simply use it to capitalize on another's investment of time, energy and resources to develop the brand. However, if you are using the mark to describe an attribute of a product you are selling, you may be entitled to use it under the fair use doctrine. The fair use doctrine forbids a trademark owner from maintaining a descriptive term for exclusive use and preventing others from describing a characteristic of their goods. You can use it where there is no descriptive substitute to describe what you are selling.
Answered on Apr 02nd, 2012 at 12:23 PM