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If a word is trademarked can you use it in a commercial

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product? For example, if the...
If a word is trademarked can you use it in a commercial product? For example, if the word death star was trademarked on clothing by star wars, could I make a shirt that said "I'm going to the death star" on it, and sell that? Also, if the word hogwarts is trademarked, can I sell an uninfringing product like a quill pen and name it "hogwarts quill pen".
Submitted: 2 months ago.Category: Canada Law
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Answered in 13 hours by:
5/28/2018
Lawyer: Debra, Lawyer replied 2 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,060
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 2 months ago

Are you asking if you can do this without consent?

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Customer reply replied 2 months ago
without consent.
Lawyer: Debra, Lawyer replied 2 months ago

That would be a clear breach of copyright. When someone has a copyright (and this arises even if the copyright isn't actually registered) they own the intellectual property rights to the creative work. If you use their work it is using their property. So it is unlawful to do so without their consent.

They can sue you for a licencing fee and also for damages. So it is highly inadvisable to breach copyright.

Does that make sense?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

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Customer reply replied 2 months ago
Would the first example be infringing as well? If I made shirts and wrote text on it that said "I'm going to the death star"? So basically all use of words like that are infringing?
Lawyer: Debra, Lawyer replied 2 months ago

It is infringing because the phrase "death star" was taken from someone else's creation, right?

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Customer reply replied 2 months ago
What if I take a black stone and put a chain on it and call it a "hogwarts necklace". The product has nothing to do with j.k rowlings hogwarts school, but would simply using the word be considered infringing?
Lawyer: Debra, Lawyer replied 2 months ago

It would most assuredly be infringing. There isn't anyone who would see that name and not think of Harry Potter.

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