Q: To use the term “Swim A Thon” as a fund raiser, do we need any sort of consent or permission?
We are doing a fund raiser for our local pool. Some wish to call it Swim A Thon…while others fear that using that term could get us into some legal trouble???
A:
Using the term "Swim A Thon" for your fundraiser requires a bit of caution due to potential trademark issues. Trademarks protect brand names, slogans, and other identifiers from being used without permission, especially if they could cause confusion among the public or imply an association with the trademark owner that doesn't exist. It's possible that "Swim A Thon" or variations of it could be trademarked for use in fundraising events, depending on your jurisdiction and how the term is being used.
Before deciding to use this term for your local pool fundraiser, it's advisable to conduct a trademark search. This can help determine if the term is protected under trademark law in your area. If the term is trademarked, you would need to obtain permission from the trademark holder to use it for your event to avoid legal issues.
If you find that "Swim A Thon" is indeed trademarked and permission is not feasible, consider using a different name for your fundraiser. There are many creative alternatives that can convey the purpose of your event without risking legal trouble. Documenting your search and decision process can also be helpful in demonstrating due diligence in case of any future disputes.
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.
