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[Dan_trademark]

I have a question that I hope you guys can answer.  If I have a contract with a Playboy Playmate to give away a date with her, am I able to advertise the date as "Win a date with Playboy Playmate--Miss March (name)"  without the consent or permission of playboy.  I am not competing in any sale or goods with the company?  Does this violate the trademark law?

I appreciate all responses.  Thanks.

[Isaac]

I have a question that I hope you guys can answer.  If I have a contract with a Playboy Playmate to give away a date with her, am I able to advertise the date as "Win a date with Playboy Playmate--Miss March (name)"  without the consent or permission of playboy.  I am not competing in any sale or goods with the company?  Does this violate the trademark law?

I appreciate all responses.  Thanks.

Depending on how you conduct your campaign you might create a cause of action under the Lanham act if you imply an association with Playboy.   There is close case law out there including Playboy v. Terri Wells which might provide an example of how one person managed to stay out of trouble.  I note that the Wells case partially revolved around  failings of Playboy to contracturally restrict their models and that Playboy may well have been corrected that problem.

[Dan_trademark]

Would it help if there is a disclaimer saying that prize is not endorsed or given away by Playboy and that the entity is in no way related to in any manner, playboy?

[Isaac]

I believe such a disclaimer would be helpful, but possibly not be sufficient.