Officially Licensed Name Legalities or Entities.

[swiftyrox]

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

I have a question regarding name legalities and endorsement. My wife sells clothing which she custom designs. The designs themselves do not use officially trademarked elements of the artist, however, the name of her listing was as such:

CUSTOM DESIGNED STRYPER TRIBUTE ROCKER PANTS

We were told she needed to modify the name listing as she is not officially licensed to sell items under the name of Stryper, and they don't personally endorse it.

However, we clearly stated in the listing that it is "Stryper Tribute", not selling it as officially licensed products......For example...remove the word "Tribute"

Can't we list something as "Stryper Tribute" and it's legally okay? If we reworded it..."Tribute to Stryper" or (Stryper Tribute)....Does that admonish any legal associations to their personal identity or entity?

Thanks!!

 

[quincy]

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

I have a question regarding name legalities and endorsement. My wife sells clothing which she custom designs. The designs themselves do not use officially trademarked elements of the artist, however, the name of her listing was as such:

CUSTOM DESIGNED STRYPER TRIBUTE ROCKER PANTS

We were told she needed to modify the name listing as she is not officially licensed to sell items under the name of Stryper, and they don't personally endorse it.

However, we clearly stated in the listing that it is "Stryper Tribute", not selling it as officially licensed products......For example...remove the word "Tribute"

Can't we list something as "Stryper Tribute" and it's legally okay? If we reworded it..."Tribute to Stryper" or (Stryper Tribute)....Does that admonish any legal associations to their personal identity or entity?

Thanks!!

Your wife cannot use someone else's trademark in a way that leads to consumer confusion over the origin of the product or its connection to the company holding the trademark. Your wife cannot trade off the reputation of a company by using its trademark to promote her own.

Her ad should read, "Custom designed rocker pants." It may not draw the consumer attention she wants but she is not licensed to use "Stryper" so she cannot use the trademark as a way to attract consumers to her own product.

Sorry.

 

[swiftyrox]

Your wife cannot use someone else's trademark in a way that leads to consumer confusion over the origin of the product or its connection to the company holding the trademark. Your wife cannot trade off the reputation of a company by using its trademark to promote her own.

Her ad should read, "Custom designed rocker pants." It may not draw the consumer attention she wants but she is not licensed to use "Stryper" so she cannot use the trademark as a way to attract consumers to her own product.

Sorry.

Thank you...We had already amended it to say "Custom Designed Tribute Rocker Pants"....It's just a bit confusing in this world when a "Tribute Band" can name themselves "Ztryper" and then say (Stryper Tribute Band) and there is generally no culpability. I understand they are not using their "Brand" as the actual name, but they still do advertise as a "Stryper Tribute Band" because otherwise, why would anyone assume and go see a band called Ztryper on a whim hoping that they are what they think they are...

So by stating the pants were a Stryper Tribute, it was not infringing. She certainly was not marketing under any guise...Thanks for the advice...Very Helpful!!

 

[quincy]

Thank you...We had already amended it to say "Custom Designed Tribute Rocker Pants"....It's just a bit confusing in this world when a "Tribute Band" can name themselves "Ztryper" and then say (Stryper Tribute Band) and there is generally no culpability. I understand they are not using their "Brand" as the actual name, but they still do advertise as a "Stryper Tribute Band" because otherwise, why would anyone assume and go see a band called Ztryper on a whim hoping that they are what they think they are...

So by stating the pants were a Stryper Tribute, it was not infringing. She certainly was not marketing under any guise...Thanks for the advice...Very Helpful!!

There are specific ways you can use another's trademark when marketing your own product. It can sometimes be a fine line between what is acceptable and what is not. One clue (although not necessarily a determiner) as to what is an unacceptable use of another's trademark is when a trademark holder informs you it is not an acceptable use of their trademark.

As to the tribute band using the name "Ztryper" or your wife using "Stryper Tribute," both can lead to an infringement cease and desist or a lawsuit if consumers are lead to believe that Stryper is connected to or endorses the band or the pants (or if Stryper considers the use an infringement on their rights). Sometimes it is left for a court to decide.

The whole point is that consumers are probably unlikely to see a band named "Ztryper" without the band trading off the reputation of the famous trademark, just as consumers are unlikely to purchase a pair of rocker pants if the pants did not trade off the reputation of the famous trademark. But it is not legal to trade off the name of a famous trademark as a way to promote your own product or service. The holder of the famous trademark has the right to control who uses their brand name, so you need permission from the trademark holder before using it.

It helps to understand that a trademark is used as an identifier for a company's product or service so that consumers know what they are getting when they purchase the product or service. When a consumer buys a MacDonald's hamburger, they know what they are getting. If someone were to purchase a pair of rocker pants believing that they are a licensed Stryper product and therefore of a certain quality, and these rocker pants are sloppily-made, that can harm the reputation of the brand.