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Thomas Swartz
Thomas Swartz, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 2998
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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I have seen websites which are using trademarked or branded

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I have seen websites which are using trademarked or branded names in their titles - such as a site that talks about Clinique makeup promotions called, or, which talks about what he has on the show - it has a huge audience because people confuse it with the show site and I'm sure they make a ton in advertising dollars. I am contemplating setting up similar sites, but wanted to check into the legality of all that first - I would think if it were illegal they would have been issued a cease and desist order -or whatever is done - long before now. Thanks so much!

Doing so is very risky. Anytime you use someone else's trademark or personal name for commercial purpose you are putting yourself at great risk. The fact that others have not yet been stopped should not make you feel that it is less risky. They might not have been stopped yet for a variety of reasons. Perhaps they have been sent cease and desist letters, perhaps litigation has not yet started. Or it is even possible that these websites are operating with the permission of the owners and you just don't know about it.

But using someone's else's trademarked name or logo is most certainly going to eventually get attention by the owner of the trademark and they will begin to start legal action to stop you. I would urge to you use extreme caution, and before you begin to think about using anyone's trademark or personal name you seek permission.

Customer: replied 3 years ago.

Ok thank you for the info - what about a fan site - such as for bands - does that make it less risky, do you think? Thanks again.

If you are using the band's name or logo to sell anything it is very risky. If you are just creating a fan website where you discuss the ban, etc. that would be fine.

Customer: replied 3 years ago.

Sorry, but to clarify do you mean nothing at all should be sold on a fan website itself, even if it doesn't carry the band's logo? or just nothing with their name or logo on it?

I am sorry. I will clarify. It is fine to sell stuff so long as it does not have the band's name or logo on it.

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Customer: replied 3 years ago.

Hi Thomas - excellent - thanks so much! Joanna

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