Is it okay to use non profit's non trademarked name during unendorsed fundraising?

[zingah]

What is the name of your state (only U.S. law)?
CA

Due to the obvious education problems in CA, I came up with a way to raise money for the community's public education non-profit (calling it Yay Time).

I talked a popular local gym into writing up a contract that states that for each person that comes in and gives my code (we'll say 16x16x) during their sign up process, 80% of the sign up fee will go directly to Yay Time. (300 sign up fee, $240 goes directly to Yay Time tax free 501)

Anyway I went around the city and got many local businesses to post flyers saying that if people go to the gym and mention the code, each new signup earns $240 tax free directly to Yay Time, and upto $100,000 could be raised for Yay Time (The gym put a 100k cap on the members, at which time the promotion expires, and I'd take down the flyers....however, the gym would likely draw up/renew the contract I signed with them rather than stop the promo though, because each new member still has monthly dues on top of the $300 and a crazy cxlation fee).

So, I had contacted Yay Time during this development and they said they had to talk to legal for image use, which I understand as images are copyrighted. Suddenly they just said I do not have permission to use their name in any manner. (They claim that they are still interested in the promotion and are waiting on legal. With experience working with districts I can almost believe the delay, however the name is NOT TRADEMARKED, and the flyer relays factual information).
There is no implied endorsement from Yay Time in the flyer, it only asks to come join, to raise money for them.

This is where the question comes in...is it okay, and any references available?
(it doesn't even seem necessary to put at the bottom w/a star *Yay Time has not yet been given approval by their lawyers to endorse this activity, no matter how profitable it may be for Yay Time and the schools served).

All I know is that the contract is factual, lawful, and what will be done with the money is enforceable by law.

If for some strange reason such use is not allowed,
then how about a distributed flyer NEWS article or blog. Such a flyer's language would change to read: GYM has disclosed a copy of a newly signed contract as viewable here. As the contract states, Yay Time could gain up to $100,000 through the support of the community, with GYM giving 80% of each sign up fee ($240) to Yay Time.

It boggles my mind that Im even asking this question as the districts around the state undergo cuts...but here I am.

Thank you!What is the name of your state (only U.S. law)?

What is the name of your state (only U.S. law)?
CA

 

[justalayman]

come on. It's their trademark and you are using it to raise funds.

There is no implied endorsement from Yay Time in the flyer, it only asks to come join, to raise money for them.

Using their TM does imply that.


If you write that you or your company is going to donate $240 to Yay Time, that is another story. As it is written, you are implying Yay Time is involved with this and they aren't. IF you don't give the money, the gym and the people that sign up due to the stated donation can then sue you. Yay Time doesn't want to be caught up in the middle of this by you making it look like they are endorsing your actions, because they aren't.

You can get away with using their name due to it being simply informational if that is who you intend on donating the money to but their TM is another story. They say no, it's no.

(it doesn't even seem necessary to put at the bottom w/a star *Yay Time has not yet been given approval by their lawyers to endorse this activity, no matter how profitable it may be for Yay Time and the schools served).

You need to be very cautious of such statements. Their goodwill and reputation is extremely important to them. Injuring their reputation could be very expensive to you.

 

[zingah]

Thank you for taking the time to reply.
All responses are meant to be clear and succinct not harsh, I appreciate your time, and am just trying to make things neat and clear for you and future users of this thread. Cheers

come on. It's their trademark and you are using it to raise funds.

Using their TM does imply that.

I think I goofed on the explanation...their image has NEVER been used, it was only part of my discussion with Yay Time (YT)
Nowhere is their trademark (TM) used in the material, so how I can be using it to raise funds. Their trademark (TM) NEVER appears.

Their name is NOT trademarked, again their is no use of their trademark.

Please clarify this point.

If you write that you or your company is going to donate $240 to Yay Time, that is another story. As it is written, you are implying Yay Time is involved with this and they aren't.

All it says is what is going to happen...their involvement is as a recipient, not as participant? So if, as you say this implies their involvement should a proper * disclaimer be present (not like the improper one in this post) ?

IF you don't give the money, the gym and the people that sign up due to the stated donation can then sue you.

1) There is a contract, enforceable by law
2) The GYM gives the money, "with GYM giving 80% of each sign up fee ($240) to Yay Time."
3) In the lit is says, "the GYM gives $240 of each new member directly to Yay Time"

You can get away with using their name due to it being simply informational if that is who you intend on donating the money

1) I don't intend to, the gym has an enforceable contract that says they must.

(remember all these responses are to help you/community, not trying to be rude , just clarify stuff that maybe wasn't clear)

to but their TM is another story. They say no, it's no.

What trademark TM are you referring to? Their image is not being used.
(sry, I didn't clarify this in the post clear at all, so must ask)

You need to be very cautious of such statements. Their goodwill and reputation is extremely important to them.

Roger that, that was my frustration talking, would make a proper star if necessary.

I really appreciate your reply and would appreciate further input when you have the time regarding your thoughts on the need of a star and other questions I responded with.
Thank you!

 

[justalayman]

Their name is NOT trademarked, again their is no use of their trademark.

have you researched this?

1) There is a contract, enforceable by law
2) The GYM gives the money, "with GYM giving 80% of each sign up fee ($240) to Yay Time."
3) In the lit is says, "the GYM gives $240 of each new member directly to Yay Time"

enforceable by whom and against whom?







Are you mentioned on this flyer? What benefit do you receive or are you simply willing to spend the money on the flyers and distribution out of your own pocket for the sake of the school?


Personally, it sounds like a scam to get people to sign up with the gym with nothing enforceable by anybody. Not saying that is the intent but in my paranoia, this is what I see as a possibility.

 

[zingah]

thanks again!

Quote:
Their name is NOT trademarked, again their is no use of their trademark.
have you researched this?

100%

Quote:
1) There is a contract, enforceable by law
2) The GYM gives the money, "with GYM giving 80% of each sign up fee ($240) to Yay Time."
3) In the lit is says, "the GYM gives $240 of each new member directly to Yay Time"
enforceable by whom and against whom?

Yay Time has a copy of it

Are you mentioned on this flyer? What benefit do you receive or are you simply willing to spend the money on the flyers and distribution out of your own pocket for the sake of the school?

Sake of school

Paranoia, or fear often comes from the unknown, in this case (not yours) with those trying to be helped not wanting to read what is in front of them, or communicate in any manner to get the ball rolling.

Thanks again, appreciate your time.

 

[justalayman]

=zingah;2651528]thanks again!


100%

good

Yay Time has a copy of it

so? They, at best, are a 3rd party beneficiary to the contract. They are not a party to the contract so any action they might have is very limited.

So, I ask again:

enforceable by whom and against whom?

Sake of school

ok, how about this:

Are you mentioned on this flyer?

and just for clarity; you are paying for the flyers out of your pocket and donating your time to do anything concerning this with no remuneration or benefit to yourself, right?

Paranoia, or fear often comes from the unknown, in this case (not yours) with those trying to be helped not wanting to read what is in front of them, or communicate in any manner to get the ball rolling.

In todays world, my paranoia, or more correctly, skepticism, has served me well. Maybe they have been screwed by a similar activity and are hesitant? Maybe they want to be sure they do not incur any liability (which, even if they don't, their involvement alone can drag them into any legal problems with this, should any arise)

In todays world, you simply have to cover your butt.

 

[divgradcurl]

I am not sure why you think the name of the nonprofit is "not trademarked." If the nonprofit is using the name to identify themselves as a nonprofit, and people associate the name with the nonprofit, then the nonprofit probably has some trademark protections for their name.

Trademark rights arise through consistent use of the mark (the name or logo or whatever) to identify a product a service. There is no requirement to register a trademark to obtain rights to the mark.

 

[The Occultist]

There is also no requirement that the letters "TM" be attached to the name for it to be a valid trademark.