Am i infringing if i do this?

[scvizn]

When selling products online, am i able to mention in my text advertisement a name of a specific company, licensed character or things of that nature, but not directly include it in the actual product name itself and not run into legal trouble?

For example, this is something that i might post.

ATTENTION HARRY POTTER LOVERS!! Which Hogwarts House do you belong in?

>>>link to the product<<

name of product selling : Owl bracelet with hourglass gems.

Any input would be great thank you.

 

[quincy]

When selling products online, am i able to mention in my text advertisement a name of a specific company, licensed character or things of that nature, but not directly include it in the actual product name itself and not run into legal trouble?

For example, this is something that i might post.

ATTENTION HARRY POTTER LOVERS!! Which Hogwarts House do you belong in?

>>>link to the product<<

name of product selling : Owl bracelet with hourglass gems.

Any input would be great thank you.

What is the name of your state, scvizn, or, if not in the US, what is the name of your country?

Trademark law centers on consumer confusion but there are also state laws that regulate unfair business practices/unfair competition. These unfair practices include profiting off the good will and reputation of others.

Any use of the Harry Potter trademarks that would/could confuse, mislead or deceive the public into believing the owl bracelets are affiliated with the holder of Harry Potter rights is likely to lead to a cease and desist letter, an injunction and/or a lawsuit.

It is okay to use another's trademark in a descriptive manner (e.g., "the bracelet reminds me of Hedwig" or "I read all of the Harry Potter books") but using someone else's trademark for your own commercial purposes (e.g., to attract consumers and to drive your sales) will always be legally risky and should be avoided.

I suggest you have your intended advertisements personally reviewed by a trademark attorney in your area prior to marketing your goods using any trademarks that belong to others.

Good luck with your online sales.

 

[FlyingRon]

Understand that Warner Brothers owns the marketing rights to Harry Potter (at least for the US) and is pretty vehement over defending the mark. Using Harry Potter or Hogwarts to describe any product (even if it is an original creation) will almost certainly subject you to legal action from them. A legal article on the lawsuits is amusingly subtitled "Expecto Subpoenas." Even mentioning Harry Potter in selling products unrelated to the book/movies has resulted in suits claiming dilution.

 

[quincy]

... "Expecto Subpoenas" ...

I think anyone who tries to use any famous trademark in advertising for their own goods or services can expecto subpoenas.

Although scvizn used "Harry Potter" as an example only, Warner Brothers is not alone by far in being vigilant in policing the marketplace for unauthorized uses of their trademarks, and then extremely aggressive toward these unauthorized users when they are found.

The more famous the mark (Disney, N!ke, NFL, NCAA ...), the more likely the unauthorized user of the mark is to receive unwanted (and potentially costly) legal attention from the owners of the marks.

When advertising your own goods and services, you should advertise these goods and services on their own merits (with a few exceptions that can be made for comparative advertising, which must be done with great care).