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Re: Re: Using a trademark in advertising[ Follow Ups ] [ Post Followup ] [ Trademark Forum ] [ FAQ ] Posted by M Arthur Auslander on November 13, 2002 at 00:26:33: In Reply to: Re: Using a trademark in advertising posted by Jason Yearry on November 12, 2002 at 12:09:43: : : I am a law student and I was wondering: : : Can an owner of a trademark insist on retailers getting authorization to use the trademark, trade name, in advertising pamphlets, or brochures. Like, "we carry ... so-and-so and _____(trademark)? : : Any info would be appreciated. Thanks! : Dear Brady, : I am also a law student, but I can try to answer your question if you are still interested in the answer. If you have found out, I would appreciate if you could give me the answer. : I believe that absent some sort of contract, license, or otherwise enforceable agreement between the mark owner and the retailer, the mark owner can not "force" a retailer to print the mark. Further, I believe that any statutory inducement to do such would raise a 1st amendment freedom of press issue. I can't figure out what the question is. M. Arthur Auslander
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