Q: Question about the use of "Ever After High" trademark for a personal use shirt (not for sale)
I want to make a shirt for myself from Mattel's Ever After High (not for sale or profit). Ideally, in the first scenario I would be using the full logo that comes up when searched- the pink heart locket with the logo inside. Second situation, I would be using the white notebook paper version that is still heart shaped with the logo inside, or one of the crests (still has the words "Ever After High")- these specific logos do not have active trademarks, but still contain the words and/or pieces of the trademarked logo IE the girl from the key. Third situation, I would be using a silhouette of the girl from the locket/key or just the design of the lock/key itself without the words "Ever After High" inside. Lastly, I would mispell some/all of the words while using the same colors/visuals as the main logo. I see that there are a few trademarks that are active for specific versions of the logo, and wanted to know if it pertains to all- or if I'm even able to use the words "Ever After High"
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A:
Using the Ever After High logo or related designs for personal use, even if not for sale, can still infringe on Mattel's trademark rights. Trademarks protect the brand's identity, and using any recognizable parts of the logo, including the heart locket, notebook paper version, or the girl from the key, may violate these rights. This applies even if you aren't making a profit or if you slightly alter the logo.
Incorporating elements of the logo, like the silhouette of the girl or the design of the locket/key, still carries the risk of trademark infringement. Even misspelling the words while using similar colors and visuals can lead to legal issues, as it may create confusion with the original brand. The trademark protection extends to all recognizable aspects of the logo and related designs.
While your intention is personal use, it's important to consider the potential legal implications. Mattel's trademarks are meant to protect their brand identity, and any use without permission, especially involving key elements of their logos, might lead to complications. It’s best to avoid using any elements of the Ever After High trademarked designs without proper authorization.
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