Am I infringing in copyright when I use copyrighted names in promotions/advertisements?

[quincy]

Thank you all for answering my questions!

I will get more direct guidance with some consultations I have set up, but from what I have deducted through your answers and more research, I will essentially cease promotional materials that would directly allude to certain groups entirely. This could actually give more incentive for my audience to figure out who or what is behind the intention of the jewelry I'm making which could be beneficial for traction.
What user not2cleverred said did make me think about another issue though. Is it okay to mention (in this case BTS) in my product description? To give you a little more context, the earrings I designed are gold rose and pearl themed along with hidden roman numerals on the back of the earrings that indicate BTS's debut date. Would the mention of "BTS" be considered fair use in this case, considering it is a descriptor and I make clear that I am not endorsed/sponsored?



Not in a million years would I even think I would be grated such a license! I'm happy to hear that your kids are fellow fans of BTS though! If they are interested, I would love to send them the earrings I designed (for free in thanks to your help haha see spoiler tab below )

Spoiler

And happy new years to those who are reading this!

Those earrings are beautiful! You should be able to sell jewelry like that easily on its merits alone.

If you do decide to promote your jewelry business by giving a free pair of earrings to someone, by the way, it is probably best that you choose a famous person who is photographed out in public or online a lot. One photo of Olivia Rodrigo or Zendaya wearing your jewelry could spur interest and sales. Or you could consider collaborating with a rising YouTube artist, where you can cross-promote each other’s works.

It is possible to say in promotional material, for example, that you like to listen to BTS while you create your work or mention BTS as an aside in a blurb about your creative process - but you cannot use BTS in any way to drive your sales or imply you are connected to (sponsored or endorsed by) BTS. As soon as it appears you are trying to capitalize off the fame of BTS, you could find yourself facing legal action and that could put a quick end to your jewelry business.

You would be smart to run by an IP attorney any advertising you do that might possibly infringe on another’s rights.

Again, the earrings are beautiful. Good luck with your business.

 

[zddoodah]

What user not2cleverred said did make me think about another issue though. Is it okay to mention (in this case BTS) in my product description? To give you a little more context, the earrings I designed are gold rose and pearl themed along with hidden roman numerals on the back of the earrings that indicate BTS's debut date. Would the mention of "BTS" be considered fair use in this case, considering it is a descriptor and I make clear that I am not endorsed/sponsored?

If you mention the band's name, it implies to consumers that your product is sponsored or endorsed or somehow affiliated with the band. That's not true. If this band is sufficiently popular that you think alluding to the band will make your products more saleable, then the band almost certainly has very well paid lawyers that will come down hard on you. And no, it's not even remotely close to fair use.

 

[quincy]

If you mention the band's name, it implies to consumers that your product is sponsored or endorsed or somehow affiliated with the band. That's not true. If this band is sufficiently popular that you think alluding to the band will make your products more saleable, then the band almost certainly has very well paid lawyers that will come down hard on you. And no, it's not even remotely close to fair use.

Well ... it really depends on how the name is mentioned. I can say, for example, that I like the music of BTS without implying any direct affiliation with BTS. I cannot, however, use BTS as a way to promote my goods or services.