Legal Question in Intellectual Property in Oklahoma

Use of team names, league name in a book.

I am an authro and am writing a novel in which the two main characters are hockey players. The teams they play for are fictional (The Tulsa Tornados and the Norfolk Tridents), but I am wanting them to be NHL teams. Is it permissable to use a phrase such as ''The Tornados and the Tridents were the NHL's (or Natiional Hockey League's) two newest franchises? Or reference team names, such as ''The Tornados left the next morning for Detroit to play the Redwings''. Last point, using the name Stanley Cup, for example ''The new franchise made it to the Stanley Cup playoffs in their first season.'' Thank you for your help.


Asked on 6/06/07, 4:25 pm

1 Answer from Attorneys
Lawrence Graves Coolidge & Graves PLLC

Re: Use of team names, league name in a book.

As you have probably seen in intro screens to popular TV shows, a disclaimer regarding the fictional use of names and persons that expressly denies any sponsorship or affiliation with the NHL, its teams and/or owners, is a good idea. You might also discuss this issue with your publisher to ensure that they have no in-house guidelines, but as an issue of federal trademark law you should not have problems as your contemplated use does not constitute "Use" as defined in the Lanham Act (federal trademark law).

Best wishes,

LDWG

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Answered on 6/07/07, 8:43 am


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