Minneapolis, MN asked in Trademark for Minnesota

Q: I make car decals and sell them online. In the advertisement can I say " fits Jeep" in the item description.

I have heard of things being taken down if you mention Jeep but If the item is specifically made for a certain year Jeep then how are you supposed to sell it?? The decals I sell do not use any of their protected logos but just fits certain years due to their shape and location.

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1 Lawyer Answer
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
  • Trademarks Lawyer
  • Beverly Hills, CA

A: What you describe is known as "nominative fair use" of the trademark or brand, merely to refer to the brand and not to compete with the trademark owner.

Nominative fair use permits use of a trademark to refer to the trademark owner’s goods and services associated with the mark. Nominative fair use generally is permissible as long as: (1) the product or service in question is not readily identifiable without use of the trademark; (2) only so much of the mark as is reasonably necessary to identify the product or service is used; and (3) use of the mark does not suggest sponsorship or endorsement by the trademark owner.

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