Q: T-shirt image containing car that is similar to Lamborghini - Trademark issue?
I'd like to create an illustrated image, print it on t-shirts and sell it online. This image would contain the name "Lambo" (slang for Lamborghini) and car that would look similar to Lamborghini sports car. So basically it would be a bit different.
I wrote to Lamborghini's customer support.The agent who replied to my emails was very unhelpful. She just replied that I can't use Lamborghini logo neither the car design. Basically this answer is useless for me, because I wouldn't use their logo and car would differentiate from their's design. When I asked her to escalate this to person responsible for intellectual property in Lamborghini, or to give me a contact for responsible person, her response was negative.I thought that they should answer these kind of questions so people can avoid any legal actions from their side.
So my question is, who decides that the design is different enough, so it wouldn't breach Lamborghini's trademark? Any suggestions on how to proceed further?Thanks
A: You need to consult an attorney before venturing into the use of Lamborghini logos. Lamborghini brand is very well known and they most probably have trademarks registered. There need to be a "likelihood of confusion" analysis done by an attorney hired by you before you even manufacture sample t-shirts with logo. As per Lanham act, you merchandise cannot be the source of consumer confusion. Lamborghini intellectual property legal team may claim that you are trying to profit off their organization name without any license. You may become liable for trademark infringement if you start selling the merchandise based on the above notes. If you have any additional questions about general trademark matters, then consider the following link for detailed answers. https://affordabletrademarkattorney.com/trademark-faqs/ . Good luck with your endeavors.
Disclaimer: The response is general in nature and cannot be construed as legal advise. If you would like to have legal advise, then please consult any competent trademark attorney privately to discuss your case and establish proper attorney-client relationship.
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