Asked in Copyright, Trademark and Intellectual Property

Q: Can I use a TM’d word as the title of a book? I wish to publish a year book for owners of Mopar vehicles

The word Mopar is a trademark of the Chrysler corporation

2 Lawyer Answers
Fritz-Howard Raymond Clapp
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Answered
  • Trademarks Lawyer
  • Beverly Hills, CA

A: This would be non-infringing of the registered trademark, as the mark is merely being used to identify the trademarked products. This is "nominative fair use" and is not an infringement if (1) the product or service in question is not readily identifiable without use of the trademark, (2) the user only takes what is reasonably necessary to identify the product, and (3) the user does nothing to suggest that he is connected to or sponsored by the trademark owner.

Jason C Palmer
Jason C Palmer
Answered
  • Trademarks Lawyer
  • Hermitage, TN

A: Generally speaking, trademarks don't give anyone full ownership of a word or phrase. They only matter in connection with specific goods or services. Two companies could own a trademark for the same name in connection with completely different goods and services and therefore avoid trademark infringement. Determining whether infringement would arise from use of MOPAR requires you to determine the goods and services associated with the MOPAR trademark.

The fair use defense also absolves would-be infringers of liability. This defense may be available when Person A uses Person B's trademark to describe Person B's good or service. If this defense applies to your situation, you would have nothing to worry about. You should discuss with an attorney whether your book is referencing the goods or services associated with the MOPAR mark.

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