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Author Topic: Trademark question  (Read 788 times)

Dan_trademark

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Trademark question
« on: 07-05-06 at 01:01 pm »

 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.

Does anybody else have anything to add?  Would appreciate all responses, negative or positive...thanks!
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JSonnabend

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Re: Trademark question
« Reply #1 on: 07-05-06 at 02:28 pm »

Generally speaking, use of trademarks to identify the actual trademarked goods is allowed.  In this case, the "goods" (for lack of a better word and not to be misogynistic) is the model, or, more precisely, here status as former Playmate of the Month.  Referring to her as such is likely allowed.

That said, Playboy Enterprises Inc. might have some problems with your use, perhaps asserting that your use implies endorsement by them or even direct confusion (i.e., that you and they are one in the same).  So while you might ultimately prevail, Playboy could make your life difficult for you.

Also, it almost goes without saying that the devil is in the details.  You'd have to be very careful how you used any Playboy marks.

- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
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Dan_trademark

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Re: Trademark question
« Reply #2 on: 07-06-06 at 03:14 pm »

Thank you Jeff...that was very informative.  
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