Legal Question in Business Law in Washington

Hi. I want to use trademarked names and images (Transformers etc. plus magazine names and cover images) on clothing to sell. How can I legally do so? Thanks.


Asked on 5/02/12, 11:38 am

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

You must contact the trademark's owner(s) to license the use of their mark(s). This will involve paying them a royalty, in all likelihood, and they may say "no" (no royalty for "no" answer).

While you may moan and grumble over the existence and necessity of the royalty, your cost of simply using the marks without permission is far, far greater; that would entail paying your IP lawyer a large chunk of money to defend the trademark infringement suit (and yes, they'll find you), and you may end up paying the owner of the mark a pretty penny, being required to destroy the offending merchandise, and have to pay their lawyers' fees, too. Don't go there.

THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY.

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Answered on 5/02/12, 12:20 pm


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