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Author Topic: using registered tm and copy for non profit use  (Read 697 times)

mojobadshah

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using registered tm and copy for non profit use
« on: 07-24-11 at 06:28 pm »

can I sell products that incorporate another company's trademark and copyrighted work if its for non profit use?
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Zonath

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Re: using registered tm and copy for non profit use
« Reply #1 on: 07-25-11 at 09:33 am »

The easy answer:  No.

As far as copyright goes, if you make any use of the copyright which infringes upon the rights of the owner, then you run the risk of an infringement lawsuit.  Likewise, if you use a trademark that someone else owns in commerce, you can be liable for trademark infringement.

So, in your question, you would be selling an item with a possibly-infringing use of a trademark, and would presumably be copying material which is covered by copyright.

Of course, there are other possibilities, such as 'fair use', but the nonprofit nature of your motivation for infringing would likely play a very small part in assessing whether or not your use is truly 'fair use', so without more detail, it's probably fair to say that your use would be infringing, since fair use is a fairly narrow defense.
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mojobadshah

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Re: using registered tm and copy for non profit use
« Reply #2 on: 07-25-11 at 09:47 pm »

What if I gave products out with the registered marks and copy on them in return for donations?
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Zonath

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Re: using registered tm and copy for non profit use
« Reply #3 on: 07-25-11 at 11:41 pm »

Same answer.
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