Smithtown, NY asked in Business Law and Intellectual Property for New York

Q: Can I use "#armystrong" on a webpage that sells a “Proud Army Reserve” t-shirt? The term is not on the t-shirt.

Can I use the hashtag #armystrong on an Amazon web page that sells a “Proud U.S. Army Reserve Mom” t-shirt design I created? The terms “army strong” and “#armystrong” do not appear on the t-shirt. The web page in question utilizes the term only once as “#armystrong”. The term “army strong” does not appear on the page. Thanks so much for your time and expertise!!!

https://www.amazon.com/Womens-Reserves-T-Shirt-Proud-Reserve/dp/B01M1LI53X/ref=sr_1_2

2 Lawyer Answers
Barry E. Janay
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Answered

A: This is really a good question. Obviously the hashtag #armystrong is associated with the U.S. Army slogan on social networks. You would violate trademark law if you co-opted that mark to identify your goods as the original source or being in some way sponsored by the U.S. Army, which it can be argued you are doing, but it can also be argued that you're instead paying homage or giving support to the U.S. Army and not claiming that you are sponsored, official, or licensed by. I think so long as you put in a disclaimer that makes it clear and unambiguous that you are not authorized by the U.S. Army to sell the shirts and that you do not claim to own the trademarked slogan "Army Strong" or the hashtag #armystrong you are probably fine. That said, the safest thing would just be to not use it. Hope this helps!

Barry E. Janay
PREMIUM
Barry E. Janay pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: This is really a good question. Obviously the hashtag #armystrong is associated with the U.S. Army slogan on social networks. You would violate trademark law if you co-opted that mark to identify your goods as the original source or being in some way sponsored by the U.S. Army, which it can be argued you are doing, but it can also be argued that you're instead paying homage or giving support to the U.S. Army and not claiming that you are sponsored, official, or licensed by. I think so long as you put in a disclaimer that makes it clear and unambiguous that you are not authorized by the U.S. Army to sell the shirts and that you do not claim to own the trademarked slogan "Army Strong" or the hashtag #armystrong you are probably fine. That said, the safest thing would just be to not use it. Hope this helps!

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