Legal Question in Intellectual Property in New York

Hi,

I think this question may be about Trademark Law or perhaps general defamation. I am thinking of using in a public advertisement the names of businesses that are very famous in their field. However, the way I would like to use the names is by completely disassociating them from my product. Something like: "my product cannot be found at X and Y", where X and Y are the famous businesses. This statement would be factually true. Could this be considered trademark infringement or defamation?

Thanks,

FZ


Asked on 10/09/10, 7:02 pm

1 Answer from Attorneys
David Petti David A. Petti, Esq.

You would be better off simply saying the product is exclusive to your store or "not found anywhere else!"

It's possible that the company could make a stink about the use of its mark without permission. Remember, they probably have "deeper pockets" than you to pay for lots of attorneys. The real question is whether you can afford to defend yourself.

Trademark infringement is really an issue when you are actually making money off the mark owned by someone else or have a mark that is too similar to another mark owned by a third party.

Without knowing more about the facts of your case, it's difficult to say any more.

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Answered on 10/19/10, 1:14 pm


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