Philadelphia, PA asked in Copyright and Trademark for Pennsylvania

Q: how do i get around a trade mark in a description text?

I've been asked to take down a product on my art shop that is listed as "The Boston Marathon" apparently that text or logo is trademarked by the baa. I do not use any of their logos or trademarks on my product, just describe the product as the Boston Marathon. Am I still infringing on their trademark or are they trying to strong arm a small business?

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2 Lawyer Answers

Ahaji Kirk Amos

Answered
  • Trademarks Lawyer
  • Raleigh, NC

A: You can't use that phrase as it is owned by someone else. There's no way to get around it other than asking for permission to use it and being approved.

Peter N. Munsing

PREMIUM
Answered
  • Wyomissing, PA
  • Licensed in Pennsylvania

A: I'd say it depends on how it is denominated. If the product is called The Boston Marathon then maybe call it marathon (small m), Boston or just Boston.

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