Trade mark - can I use the word "scrabble", TM, in my ecommerce website that sells large letter tiles for crafts?

[Sam Saleh]

Arizona

 

[Zigner]

If Mattel says you can, then you can. Otherwise...nope.

 

[quincy]

Arizona

More information is needed. If used in a commercial product, however, permission would be required.

 

[Zigner]

More information is needed.

I believe the title is the entire question.

 

[quincy]

I believe the title is the entire question.

I saw that after I posted. I agree with your response.

 

[Sam Saleh]

Even if Im not using the name in my domain website?

What I want, is to say in my descriptions something like “large scrabble tiles for sale”

 

[Zigner]

Even if Im not using the name in my domain website?

What I want, is to say in my descriptions something like “large scrabble tiles for sale”

Even if. In fact, I'm pretty sure that Mattel isn't going to agree to you using their intellectual property to sell your product. You can try to obtain a license, but expect to pay if they grant it.

 

[Sam Saleh]

But these scrabble tiles are literally everywhere online. Just type “scrabble tiles for wall” online, and you will see them everywhere.

Im confused

 

[Zigner]

But these scrabble tiles are literally everywhere online. Just type “scrabble tiles for wall” online, and you will see them everywhere.

Im confused

You came to a legal forum to ask about the legalities of doing something. You've been told that you cannot legally do what you asked about. I'm not addressing what others do. They may have permission or they may be stealing Mattel's IP...either way, it's irrelevant insofar as your question is concerned.

 

[quincy]

Even if Im not using the name in my domain website?

What I want, is to say in my descriptions something like “large scrabble tiles for sale”

They are not "Scrabble" tiles unless they are marketed by Hasbro. They are tiles with letters. Scrabble is a registered trademark.

Whether using lowercase "scrabble" to describe your tiles infringes on Hasbro's trademark rights is for Hasbro to decide - and their decision is apt to come as a cease and desist letter, removal of your product from its place online and, potentially, a trademark infringement lawsuit seeking any of your profits, any demonstrable losses it has suffered, and a seizure of your remaining inventory.

Trademark law centers on consumer confusion and if a consumer confuses your product with a Hasbro-affiliated product (or is likely to be confused), there is the basis for a lawsuit. If your tiles affect the value of or market for the Hasbro product, there is the basis for a lawsuit.

It is up to a trademark holder to enforce their rights. If or how they do this is up to them.

 

[Sam Saleh]

So your telling me, in your opinion, printing letters onto a wooden square of larger size, is IP infringment most likely?

 

[Sam Saleh]

Can I sell wooden squares with letters on them, online?

 

[quincy]

Can I sell wooden squares with letters on them, online?

Letters on wooden squares is not the problem. Identifying these squares as "scrabble tiles" could be. And the shape of the Hasbro tiles might be protected (I don't know offhand).

 

[Sam Saleh]

My apoligies. Clarifications:

Can I sell online, large wooden squares with letters on them, without ever mentioning the word scrabble?

I believe what you are telling me is, as long as i don’t use the word scrabble, I can sell wooden tiles with letters on them

 

[quincy]

My apoligies. Clarifications:

Can I sell online, large wooden squares with letters on them, without ever mentioning the word scrabble?

I believe what you are telling me is, as long as i don’t use the word scrabble, I can sell wooden tiles with letters on them

If these blocks of wood do not confuse consumers into thinking they are affiliated with (sponspored or endorsed by) Hasbro, then creating and marketing blocks with letters of the alphabet should not be a problem.

You could have a problem if you create tiles that resemble too closely Scrabble tiles. It is up to Hasbro to decide if it is an infringement on their rights and something they wish to pursue legally.

I recommend that you avoid the use of the Hasbro trademark "Scrabble." For a thorough analysis, you should have your product idea personally reviewed by an IP attorney in your area.

You are smart to investigate the legalities prior to marketing your product. Good luck.