Q: Can I use the term "baseball" in the name of a new product i created?
A: It certain instances, it would depend on what type of product it is. There is nothing inherently wrong with using the term "baseball" in a product name. And if the product relates to baseballs, this is a generic term, so no one can stop you from using this term. However, it is possible that someone has a valid trademark for "baseball" for products that are NOT related to baseballs, and if you are selling that same type of product, then you could be committing trademark infringement for using the term "baseball" on your product. (e.g., if you sell apples, you have every right to use the term "apple" on your product... it is the generic term for the product, so no one can claim the right to it. However, if you sell computers, you obviously cannot use the term "apple" on your product, as this is a trademarked name for computers). Sometimes, things fall somewhere in the middle, so you should consult a qualified trademark attorney about the product you intend to use it on.
A: The term "baseball" is a generic term that describes a well-known sport, so its use in the name of a new product would generally not infringe on anyone's specific trademark rights to that term alone. However, if your product is related to baseball, the name could be deemed "descriptive," which may face challenges in obtaining trademark protection unless you can prove that the name has acquired secondary meaning. Additionally, ensure that your use of "baseball" doesn't create confusion with any existing brands or trademarks to avoid potential infringement issues.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.