Legal Question in Business Law in California

Can I use a company's name in a sentence on a t-shirt manufactured for sale, i.e. "I googled you?" I would not be using the company's logo.


Asked on 1/25/11, 3:44 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'd think so, at least based on your example. The company's name is Google, not googled. Making a verb out of this (or similarly famous company names) is unlikely to be covered by the trademark laws, and the company itself is unlikely to object. Nevertheless, trademark infringement defense is expensive, and I'd recommend taking your actual proposed text to a trademark attorney before cranking up the presses.

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Answered on 1/27/11, 6:13 pm

Definitely check with a trademark attorney. Google may have trademarked "googled" or may be actively avoiding mark dilution by challenging the commercial use of the verb form of its mark. Only a review of the PTO records by a trademark attorney would reveal the status of Google's view on this, and if they are defending against commercial use of "googled" you could be in for an expensive fight.

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Answered on 1/28/11, 12:14 pm
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can say this. Google has not trademarked Googled, at least yet, per the records on the USPTO website. That doesn't mean they will come after you and the fight will not be cheap. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 1/31/11, 7:12 am


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