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.