Are you wondering about trademark fair use: when is it OK to use another s trademark? Some people believe that it’s never allowed to use registered trademarks. However, there are many circumstances that allow you to use another’s trademark without express permission from the owner.
Works of Fiction
Are you writing a novel? You can mention trademarked brands in your work without getting permission from the owner or contacting a Chicago trademark lawyer. However, you need to be careful to avoid defamation of the brand. Your character can eat at McDonald’s, but don’t write that your character got food poisoning there.
Providing Information
You don’t need permission from the owner to use a trademark for informational purposes like critical reviews and news articles about a company or product. When in doubt, consult a Chicago trademark lawyer for clarification to avoid having a lawsuit on your hands.
Making a Comparison
Are you looking for another example of trademark fair use: when is it OK to use another s trademark? When you’re making a comparison between two companies or products, you can use trademarks without permission from the owners. Comparisons and informational material both fall under a category called editorial usage.
If you need help with a legal issue or want to know whether your situation requires the attention of an experienced IP lawyer, corporate attorney, startup attorney or litigator, contact Jayaram Law, Inc for a free consultation.
