Q: Can I use a phrase that happens to be trademarked (The Heart of Christmas) as a theme phrase for my church festival?
My church runs a festival each December to raise money for non-profit charities. It is called The Festival of Sharing. Each year we have a theme. In past years we've used Helping Hands Around the World, The Light of the World, etc. This year we wanted to use "The Heart of Christmas." But one of our committee members discovered that it's a trademarked phrase, also the name of a movie and a song. Does this mean we cannot use it as a theme phrase for our festival? It looks like everything I can think of with the word "Heart" in it is also trademarked... Your advice?
A:
Using a phrase that is trademarked can be tricky, especially if it's for an event that is public and involves fundraising. "The Heart of Christmas" being trademarked means that there are specific legal protections around its use, particularly in contexts that might overlap with the trademark owner's usage, like entertainment or promotional events.
However, trademarks are context-specific. If the phrase is trademarked in relation to a movie or a song, using it for your church festival might not cause any issues, especially if there is no commercial competition. That said, there is always a risk of potential legal complications if the trademark owner decides to enforce their rights.
To avoid any potential issues, consider altering the theme slightly. You can create a unique variation that captures the same spirit without using the exact trademarked phrase. This ensures that your festival remains compliant and avoids any legal disputes.
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