Q: "fair use" Example: I make a cake to sell and hand draw an NFL logo on it. Can I post a picture on instagram?

I am trying to understand fair use and social media. If I were to make an edible product and hand create in icing an image of a trademark such as an NFL logo, video game character, or other trademarked image can I put the image of my final product on instagram? I am not selling the exact edible product with the trademark but if i wanted to could I?

1 Lawyer Answer
Peter D. Mlynek
Peter D. Mlynek
  • Patents Lawyer
  • Moorestown, NJ

A: No. You shouldn't do that. It would be difficult to argue that what you are describing is fair use.

Some people selling trademarked products do not get caught, say, when they sell their products at a neighborhood picnic, but NFL has lots of people making sure that their trademarks are not infringed.

Good luck.

Marcos Garciaacosta agrees with this answer

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