4 {{ upvoteCount | shortNum }}
4 {{ upvoteCount | shortNum }}

Question regarding using a common word that has character trademark

by EscapeTheRain
3 replies
Hi. I have a quick question: if a common word is trademarked, can I use it in a phrase or as a part of a word? For example, the word "RED" is trademarked with a character trademark. Can I use it in a phrase that says "I LIKE RED" or a word that says "REDHEADS RULE?"

Thanks!
#character #common #question #trademark #word
  • Profile picture of the author kjamesnv
    This is sort of a complicated question and I am not a lawyer. You should consult a lawyer for legal advice.

    However one of the key issues with trademarks is whether another use will cause confusion with consumers. For example, if you marketed an energy drink called "Red Cattle" its likely that the makers of Red Bull would have a problem with your use of the word "Red" in an energy drink. But if you wanted to use the term "Red Cattle" for cosmetics or tires or something unrelated to Red Bull then there isn't likely to be any confusion.

    This is an over simplified explanation but hopefully you get the point.
    {{ DiscussionBoard.errors[9105597].message }}
    • Profile picture of the author EscapeTheRain
      You actually most certainly helped. Thank you!
      {{ DiscussionBoard.errors[9105639].message }}
  • Profile picture of the author amalgam
    This is an extremely complicated area of the law and it is not worth guessing about it.
    Using an example as a guideline is almost impossible because of the varying situations.

    Even worse, you maybe be technically right according to the law. However, that won't stop a larger company from coming after you just to force you to burn dollars in litigation.

    I work with many different attorneys, and my advice is if in doubt; find another word or phrase.

    You will sleep better at night.
    {{ DiscussionBoard.errors[9105973].message }}

Trending Topics