Legal Question in Business Law in Massachusetts

Re: licensed products?

It is not possible to give a legal opinion based upon the few facts available via a web forum question (and soliciting more facts might be a bad idea because it might give away important information to potential competitors).

In general, trademarks are intended to communicate to the buying public the source of goods and therefore the quality. They are a symbol of quality and prestige, and actions which diminish either could be argued to be damaging to the rights of the holder.

One concern that arises when a use proposes to include a trademarked product, is whether the proposed use would not succeed without using the trademark, particularly if the trademark is what mainly distinguishes that product (i.e., it is similar or identical to other competing products on the market - e.g. cigarettes).

One should tread carefully. Of course, if a proposed use is approved by the trademark owner (usually with written guidelines and restrictions), then there is no problem with respect to that issue.